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ISSN 0856— 035X

THE UNITED REPUBLIC OF TANZANIA

BILL SUPPLEMENT

No 8

8' June, 2010

to the Gccette

of

the United Republic of 7an:onrn No 25 lol 91 dated

18th j

une 2010

Printed by the Government Printer. Dares Salaam by Order of Government

THE PUBLIC PROCUREMENT ACT 2010

ARR AN GEMENT or SECTIONS

PART I

PRELIMINARY PROVISIONS

Sec/lot;

itl

I

hort title and commencement.

2

Application.

3

Interpretation.

4

International oh I igat ion.

P A R T 11

T i

I

Punt..rc PROCUR EM EN T R ruIJIAroR

y

AIJr I loRlT y

5

Establishment of the Authority.

6

ObjectivesoftIie Authority.

7

Functions of the Authority.

8

Scope of investigations by the Authority.

9

Initiation of investigation.

1

Procedure in respect of investigation.

I]. Evidence.

12

Restriction of disclosure of certain matters.

13

Procedure after investigation.

14

Disciplinary action against public officers.

IS. Proceedings of the Authority.



ublic rocurement

ló

Powers of the Authority,

17 Cancellation of procurement proceedings.

Is Action on recommendation of the Authority.

9

Establishment and Composition of the Board of Directors

20 Committees of the Board of Directors.

2 Appointment of Chief Executive.

22 Directors, consultants and other staff of the Authority.

23 Funds of the Authority.

24 Books of account.

25 Audit of Accounts.

26 Annual Management Plan and budget.

27 Annual Report.

28 Internal Audits and Periodic Audit Reports.

PART Ill

T E N D E R B O A R D S

29. T ender boards.

30.

Notification to the Authority of composition of tender board.

31.

Functions of tender boards.

32.

Powers of tender board.

33.

Award of contracts

34.

Functions and Powers of Accounting officer

3 5. E s tab lish m ent and com p os it ion o f P rocu rem ent M anag em ent U nit .

36.

Functions of a Procurement Managem ent Unit.

3, User Department.

38.

Evaluation Committee

39.

Independence of functions and powers.

40

Delegation of powers by the Accounting officer.

41 Third party procurement.

42 Procurement procedures for Authority and the Appeals Authority

43

D isagreements in decisions.

44.

Confidentiality ofclocuments.

PART IV

Pu131.Jc

PR ocuitIMI:N r PR IN cII I .Is

45 Standards of equity.

46

uties of procuring entities

47. Approval of the Annual Procurement plan.



ublic rocurement

48.

Procurement of comm on use items and services.

49.

Qualifications of suppliers contractors and consultants.

50.

Pre-qualification pro ceedings-

51.

Post qualification.

52.

National preferences.

53.

Exclusive preference to local persons or firms.

54.

Procurement from the Agency.

55. Language.

56. Tender securities.

57.

Rejection of tenders or proposals.

58.

Acceptance of tender and e ntry into force of a procurement contract.

59.

Records information and notices.

60. Blacklisting.

PART \

MirritoDs

01:

PR®CuRflMENF

61.

Application of the basic principles

o

procurement and disposal.

62, Selection

o

methods of procurement.

63.

Public Private Partnership arrangementsj;

64.

Emergency procurement.

65.

Competitive tendering.

66, Invitation to tender and advertising.

67. Issue of tender documents.

68.

Content of tender docum ent.

69.

Validity

o

tenders and tender security.

70.

Evaluation criteria.

71.

Receipt of tenders and tender opening.

72.

Evaluation and compa rison of tenders.

73. Approval

o

award

o contract.

74.

Alteration and amendments.

75. Selection

o

consultants.

76. Negotiation and Award

o

Contract.

PART VI

PROI III3ITIONS

77.

Fraud and co rruption.

78.

Conducts influencing Public Officers.

79. D isclosure

o

payment made by way of comm ission etc.

80.

Conduct of directors servants or agents.



Public Jr()cw•eme/7

81.

Institution of criminal proceed figs.

PART

Vu

isPutEsSi:i

M NT

82

Establishment of the Appeals Authority

83

Employees of the Appeals Authority

84

Establishment of the Appeals B oard.

85: Funds of the Appeals Authority.

86

Audit of Accounts.

87

Annual Mana

g

ement plan and Budget.

88 Annual statement and report.

89, Right to review.

90

Settlement of Complaints or disputes by accounting officers.

91

Administrative review by the Authority.

92

Review by the Public Procurement Appeals Board.

93

Certain rules applicable to review proceedings.

94: Suspension of procurement prqcedings.

95.

Judicial review.

PAl f \/l II

GINI:it I..

PRovisIoNs

96.

Codes olConduct.

97.

Protection from personal liability.

98.

Offences,

99.

Regulations.

100

Guidelines.

101

Repeal and savings.

102

Transitional provisions.

S HEDULE S



ublic rocurement

NOTICE

This Bill to be submitted to the National Assembly is published for general

information to the public together with a statement of its objects and reasons.

C

Dar es Salaam,

1111 .EMON L.

Lui

IANJO.

4th June, 2010

ecretary to the Cabinet

A BILL

o

An Act to make better provisions for the regulation of public

procurement to provide for repeal of the Public

Procurement Act 2004 and re-enact the Public

Procurement Act and consequential matters and to

provide for other related matters.

ENACTED by the Parliament of the United Republic of Tanzania

PART]

PRELIMINARY PROVISIONS

Short title

. this Act may be cited as the Public ProeLtrethent Act, 2010

n d

nd shall come into operation on such a date as the Minister may, by

conlilleil-

ccnienl

otice In the

Gazette appoint.

Applica-

.- 1)

This Act shall apply-

lion

a)

to all procurem ent and disposal b

y

tender undertaken by

a procuring entity except where it is provided otherwise

in this Act; and

b)

to non Government entities, for procurement financed

from specific public finances



ublic rocurement

2 The Defence and National Security Organs shall comply

with this Act subject to subsections (3) and (4).

3

The defence and national security organs shall manage

their procurement anddisposal oil basis Of a dual-list, covering

items subject to open and restricted procurement or disposal methods

respectively.

4 The Defence and-National Security'Orgáns shall agree

annually with the Authority on the category of iten s to be included in

the restricted list and oil procurement methods set out in this

Act or regulations made under this Act which applies to each category

of item oil estricted list.

5 Subject to section 4(1), the extent to which this Act,

regulations and rules made under it conflict with oilier laws

regulations or rules on matters relating to public procurement and

disposal of public assets by tender, the provisions of this Act,

regulations and rules made under it shall prevail.

3.-(] ) In this Act unless the context otherwise requires -

accounting officer ifeans a Government officer appointed in

accordance with the provisions of the Public Finance Act or a

public officer statutorily appointed to hold a vote or subvention

and accounts for all monies expended from tht vote or

subvention;

Agency means Government Procurement Services Agehey;

an associate means a person who -

a is in partnership with the public officer; or

b

in the case o

a body corporate is

a controller of the

body corporate or the public officer and any person

who is in association with him;

Appeals Authority means the Appeals Authority established under

section 82;

approving authority means ail

fficer or tender board

o a

public body;

Appeals Board means the Appeals Board of the Appeals Authority

established under section 83;

Authority

means the Public Procurement Regulatory Authority;

Board means the Board of Directors of the Public Procurement

Regulatory Authority established under section 19:

competent authorit

y

means a person. body of person, organs or

l i t e r p r c

t a t i o n

C n p 4 8



Public Procure,nc ni

agencies competent to take actions as may be referred to oU

directed to it by the Authority under this Act;

competitive selection means the method of procurement whereby

consultants or providers of services are invited by the procuring

entity to compete with each oilier, iii submitting either unpriced or

priced tenders where the tenders are evaluated either oil

asis

of quality or oil

asis of combination of quality and cost:

competitive tendering or tendering means the method of

procurement whereby supliers.ri

tontractors 'or consultants are

invited by the procuring entity to compete with each other in

sub mitting priced tenders for goods works or services;

consultant means a firm, company, corporation, organisation,

p rtnership or ll person eng ged in or ble to be

engaged in the business of providing services in architecture,

economics, engineering; surveying or any field of professional

services, and who is, according to the context, a potential party or

the party to a contract with the procuring entity;

consultancy services means activities of all

nd advisory

nature that do not lead to a measurable physical output and

includes design, supervisioi1 training, advisory, auditing,

software developm ent and similar services;;

contractor means

firm, company, corporation, organ isatioh,

partnership or all person engaged in civil, electrical or

mechanical engineering or in construction or building work orally

kind including repairs and renovation, and who is, according to the

context, a potential party or the part to a procurement contract

with the procuring entity;

defence and national security organs means the Tanzania Peoples

Defence Forces, the Tanzania National Service, Tanzania Police

Force, Tanzania Prisons Service, Tanzania Intelligence Security

Services, the National Security Council and the Prevention and

Combating of Corruption Bureau;

Department in relation to a Ministry of the Government or other

public authority or public body, includes any division or unit by

whatever name known of that ministry, authority or other body;

disposal means the divestiture of public assets including intellectual

and proprietary rights and goodwill, and any other rights of a

procuring and disposing entity by any means, including sale, lure -

purchase, licences, tenancies, rental, lease, franchise, auction or

any combination however classified other than those regulated by



ublic rocurement

Cap 257

he Public Corporation Act;

disposal process means the successive stages in the disposal cycle,

including planning, choice of procedure, measures to solicit offers

from tenderers. examination and evaluation of those oflèrs and

award of contract;

emergency procurement means procurement of goods, works or

services essentially to meet art situation which cannot

be done througl normal procurement process;

fraudulent practice means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to

the detriment of the Government or a public body and includes

collusive practices among tenderers, prior to or after submission

designed to establish tender prices at artificial non-competitive

levels and to deprive the Government of the benefits of free and

open competition;

g oods mean s raw materials, products. equipment and other physical

objects of ever)' kind and description, whether in solid, liquid or

gaseous form,

electricity, intangible asset and intellectual

property,as well as services incidental to the supply of the goods

provided that the value of the services does not exceed the value

of the goods themselves;

government means the Government of the United Republic of

Tanzania:

ll

guidelines means directives issued by the Public Procurement

Regulatory Authority under this Act;

Independent Government Department means a Department of the

Government that is not under the direct control of the parent

Ministry;

local government authority means a local government authority

Caps 287

stablished under the Local Government (District Authority) Act

and 288

r local government authority established under the Local

Government (Urban Authority) Act;

lowest evaluated cost means the price offered by a supplier,

contractor, or consultant that is found to be the lowest price after

consideration of all relevant factors and the calculation of any

weighing for these factors, provided that such factors have been

specified in the tender docum ents;

Minister means the Minister for the time being responsible for

finance;

non consultancy services means all)

object of procurement other



ublic rocurement

than goods, works and consultancy services:

parastatal organisation mean s -

Cap 212

i) a body corporate established by or under an

y

Act other

than the Companies Act;

(ii)

any corporation registered under the Companies Act, in

which not less than fifty

percent of the share capital is

owned by the Government or by another parastatal

organisation, or in the case of a company which is limited

by guarantee, where the Government has undertaken to

meet filly percent or more of the liabilities of that

company; or

(iii)

any company, management, board, association or

statutory body in which the Government has a majority or

controlling interest and includes a government agency

Cap 245

stablished under the Executive Agencies Act;

Pa

y

master General has the meaning ascribed to it tinder the Public

Cap 348

inance Act;

person includes any association of persons whether incorporated or

not;

post'qualification means a due diligence procedure applied after

tenders have been evaluated prior to award of contract, to

determine whether or not the lowest evaluated tenderer has the

experience, capability and resources to carry out the contract

effectively;

pre-qualification means a formal procedure whereby suppliers,

contractors or consultants are invited to submit details of their

resources, and capabilities which are screened prior to invitation

to tender oil basis of meeting the minimum criteria on

experience, resources, capacity and financial standing:

procuring entity means a public body and any other body, or unit

established and mandated by government to carry out public

functions;

procurement means buying, purchasing, renting, leasing or

otherwise acquiring any goods, works or services by a

procuring entity spending p iblic funds oil of a

ministry, department or regional administration of the

Government or public bod

y

and includes all functions that

pertain to the obtaining of any goods, works or services.

including description of requirements. selection and invitation



ublic rocurement

of tenderers. preparation and award of contracts;

procurement contract means any licence. permt, or oilier

concession or authority issued by a public body or entered into

between a public body and a supplier, contractor or consultant.

resulting from procurement proceedings For carrying out

construction or other related works or for the supply of any goods

or services;

procurement expert or specialist means a person who is engaged in

a profession, occupation or calling in which recourse to

procurement is directly or indirectly involved and has such

knowledge an d experience of the practice of procurement and has

been certified or registered by the Procurement Supplies and

Technician Professional Board;

Procurement Management Unit means a division or department in

each procuring entity responsible for the execution of the

procuremen t functions;

procurement proceedings means the proceedings to be followed by

a procuring entity or any approving authority when engaging in

procurement;nt ;

'procurement process means the successive stages in the

procurement cycle. including planning. choice of procedures.

measures to solicit offers from tenderers, examination and

evaluation of those offers, award of contract and contract

Management;

Procurement Professional Body means a body established to

oversee procurement professional development in the United

Republic of Tanzania including training standards, professional

certification or registration and professional practices and code

of conduct;

public asset means any property owned by the public body tangible

and intangible. including but not limitedtcd to physical property.

land. shares or proprietary rights :

Public body or public authority means -

(i )

any Ministry. Department or Agency of the Government:

(ii)

any body corporate or statutory body or authority

established by the Go vernment;

(iii)

any company registered under the Companies Act being a

C

ompany in which the Government or an agency

of

the

Cap

overnment, is in the position to influence the policy of

the company: or



ublic rocurement

(iv) any local government authority:

public finances means monetary resources appropriated to

procuring entities through budgetar

y

processes, including the

Consolidated Fund, graits, loans and credits put at the disposal of

the procuring entities by local or foreign donors and revenues

generated by the procuring entities;

public officer or officer means:-

i)

any person holding or acting in an office of eniolument

in the public service;

ii)

a person holding or acting in the office of a Minister in

the Government;

iii)

an employee of any body corporate referred to in the

definition of public body or public authority;

iv)

a person w ho has be en a pu blic officer:

solicitation documents' means a tendering document or any other

document inviting tenderer to participate in procuring or

disposal by tender proceeding and includes document inviting

potential tenderer to pre-qualif

y and standard tendering

documents;

successful tender means a tender evaluated and selected by the

procuring entity as-

i)

offering the lowest evaluated cost and has the capacity

and capability to execute the contract, in case the

method of procurement used was competitive

tendering; or

ii)

being the m ost responsive to the needs of the procuring

entity if procurement used was competitive quotations.

single source procurement, competitive selection or

where goods or services of minor value were procured;

supplier means company, corporation, organisation, partnership or

individual person suppl

y

ing goods or services, hiring equipment

or providing transport services and who is, according to the

contract, a potential party or the party to a procurement contract

with the procuring entity;

tender means an offer, proposal or quotation made by a supplier.

contractor or consultant in response to a request by a procuring

entity;

tenderer me ans any natural or legal person or group of such persons

submitting a tender with the view of concluding a contract and

includes a supplier, contractor, service provider or asset buyer;

Iff



ublic rocuremeni

terms of reference means the statement issued by the procLirilig

entity giving the definition

o

the objectives, goals and scope of

the services, including w here applicable the m eans to be used;

work means -

(I) a work associated with the construction, reconstruction,

demolition, repair or renovation of a building, structure,

road or airfield;

ii)

any other civil work, such as site preparation,

excavation erection, building, installation of equipment

or m aterials, decoration and finishing;

iii)

service which is tendered an d contracted on the basis of

performance of a measurable physical output such as

drilling, mapping, satellite photography or seismic

investigations:

Internali-

.-( I) To the extent that this Act conflicts with all

onal

f the United Republic under or arising out of -

obligation

(a) any treaty or other form

o

agreement to which the

Government is a party with one or more other states or

political sub-divisions of such states; or

(b) any grant agreement entered into by the Government

with an inter-governmental or international Financing

institution iii which the Government is the beneficiary,

the requirement of such treaty or agreement shall prevail, but in all

other respects, the procurem ent shall he governed by this Act.

(2) Where the Government enters into any treaty or other

Form

of

agreement w hich favours

all

eneficiary. then -

(a) procurement made through contributions made by the

Government shall be undertaken in the United Republic

through national suppliers, contractors or consultants;

(h). all relevant insurances shall be placed with companies

registered in the United Repu blic;

c)

upplies shall be transported in ca rriers registered in the

United Republic.

(3) Where, for reasons of limitations of capacity. national

suppliers contractors or consultants are unable to satisfy wholly or in

part, the specific procurement requirements, the

y

shall be offered a

preferential opportunity to participate in the procurement or disposal

by tender process of

the beneficiary entity (in conjunction with firms



ublic rocurement

in that country) and where applicable to offer such

re

quirements from

third source s.

4) A derogation from the application of subsections I) and

2) may be applied for to the Authority by the competent agency

responsible for the procurement or disposal in question with

supporting documentation and justification.

PAR] IT

I IIE PUBL IC PIt0CuREM EN r REGU LAIDRY AuThoRiTy

Establish

) There is established all

o be known as the

lilent

offlie

ublic Procurement Regulatory Authority.

uthority

2) The Authority

shall have all the powers necessar

y

or

expedient for the performance of its functions and shall-

a) be a body corporate with perpetual succession and a

common seal;

b) in its corporate name, be capable of

(i)

suing and be sue d;

ii)

holding, purchasing and otherwise acquiring and

disposing of movable or immovable property;

(iii)

entering into an

y

contract or other transactions;

and

c) exercise the powers and perform the functions conferred

upon it by or under this Act; and

d) do or suffer to do all acts and things, which a body

corporate may lawfully perform, do or suffer to be

done.

(4 )

The application of the common seal of the Authority on

any document shall be authenticated by the signature of the Chief

Executive Officer.

(5 )

A document purporting to be all issued by the

Authority sealed with the seal of the Authority and authenticated in

accordance with subsection 4), shall be deemed to be an instrument

of the Authority and shall be received as evidence without further

proof.

(6 )

Notwithstanding the preceding provisions of this section,

and the Authority having the status of a body corporate, the Attorney

General shall have the right to intervene in any suit or matter

instituted by or against the Authority.



ublic rocurement

7) Where the Attorney General intervenes in any matter in

5

ursuance of subsection 6), the provisions of the Government

u p

roceedings Act, shall apply in relation to the proceedings of that suit

or matter as if it had been instituted by or against the Government.

Objectives

.

0 the

a)

Authority

b)

c)

d)

e)

The objectives of the Authority shall be to-

ensure the application

o

fair, competitive, transparent,

non-discriminatory and value for money procurement

standards and practices;

harmonize the procurement, systems and practices

of

the Government. local government authorities and

statutory bodies;

set standards for the public procurement systems in the

United Republic of Tanzania;

monitor compliance of procuring entities; and

build, in collaboration with Public Procurement Policy

Unit and other relevant professional bodies,

procurement cap acity in the United Rep ublic.

Functions

the

Authority

7.- ] ) The functions

of

the Authority shall be to-

a)

advise Government, local government authorities and

statutory bodies on procurement principles and

practices;

b)

monitor and, report on the performance of the public

procurement systems in the United Republic of

Tanzania and advise on desirable changes;

c)

prepare, update and issue authorized versions o the

standardized tendering documents, procedural forms

and any other attendant docum ents to procuring entities;

d)

ensure in collaboration with relevant professional

bodies, that any deviation from the use of the

standardized tendering documents, procedural Forms

and any other attendant documents is effected only after

prior written approval of the Authority;

e)

issue guidelines under this Act;

1) organize and maintain a system for the publication of

data on public procurement opportunities, awards and

any other information of public interest as may be

determined by the Authority;

4



ublic rocurement

g) conduct periodic inspections of the records and

proceedings of the procuring entities to ensure full and

correct application of th is Act;

Ii) monitor the award and implementation of public

contracts with a view to ensuring that:

i)

such contracts are awarded impartially and on

merit;

ii)

the circumstances in which each contract is

awarded or terminated, do not involve

impropriety or irregularity;

iii)

without prejudice to the functions of any public

body in relation to any contract the

implementation of each contract conlbrms to the

terms thereof.;

U)

nstitute:

I) procurement

udits

uring

he

ender

preparatory process;

ii)

contract audits in the course of eXeCLitioll of an

awarded tender; and

iii)

performance audit after the completion of the

contract in respect of an

y

procurement as may

be required;

k)

etermine, develop, introduce, maintain and update

related system - wide data -bases and technology:

I) agree on a list, which shall be reviewed annually of

work, services and supplies in common use by more

than one procuring entity which may be subject to

common procurement;

m.) administer and enforce compliance with the provisions

of this Act, regulations and guidelines issued under this

Act;

ii)

ndertake research and surveys nationally and

internationally oil

latters;

o)

facilitate the resolution of procurement complaints; and

p)

undertake any activity that may be necessary for the

execution of its functions: and

2) Notwithstanding subsection I), the accounting officer

shall be responsible for all procurement decisions made by his

procuring entity.



ublic rocurement

3) For the purposes o discharging its functions under this

Act, the Authority shall be entitled:

a) to be advised

o

the award and, the variation

o

any

public contract by the procuring entity responsible for

such contract;

h) subject to section 12 to have access to all books,

records, documents, or other property belonging to the

procuring entit

. tenderer whether in the possession of

any officer of a procuring en tity or a tenderer.

c)

to have access to any premises or location where work

on a public contract has been or is being or is to he

carried out;

d)

in relation to any matter which is the subject of

investigation by the Authority, to have access to all

books, records, documents or other property used in

connection with the grant, issue, suspension or

revocation o

any prescribed license whether in the

possession o f any pub lic officer or any o ther person;

e)

have access to any premises or location where it has

reason to believe that any book, records, document or

any other property referred to in paragraph d) or any

property which is the subject

o

a prescribed licence,

may be found;

1)

within reasona ble hours to enter any prem ises occupied

by any person in order to make an enquiry or to inspect

document, record or property as it considers necessary

to an y m atter being invest igated by i t; and

g) subject to the provisions

of

sections 10 and II, to retain

any such document record or other property relerred to

in paragraph f).

4)

W here -

a )

the Authority has authorized a member

o staff of the

Authority to enter premises.- and

b)

the authorized officer is refused or prevented from

gaining en try to the premise,

a magistrate may on application, be empowered to issue a warrant

authorizing any police officer to forcibly enter the premises to

conduct the search and make copies or take extracts

o documents

therein.



ublic rocurement

5)

For the purposes of subsection 3). the Authority shall

have power to enquire any procuring entity to furnish the Authority

information with regard to the award of any public contract and such

other information in relation thereto as the Authority considers

desirable.

(6 )

For the purposes of paragraphs (d) an d (e) of subsection

3). the Authority shall have power to require any public officer or

any other person to furnish, ill manner and at such time as may be

specified byjhe Authority, information

wit

regard to the grail , issue,

suspension or revocation of any prescribed licence and any oth er

infnrnlation in relation thereto as the Authority considers desirable.

777

For the purpose of streamlining functions and powers of

he Authority, functions and powers relating to:

(a )

developing, reviewing and monitoring procurement

policies, regulations, circularsand other related

directives;

(b )

advising the Central Government, local government

authorities and statutory bodies on issues related to

procurement policies;

(c )

developing and managing the procurement cadre and

enhance capacity of procurement staff-,

d)

establishing and maintaining institutional linkages with

professional entities in public procurement.

shall bp performed and e xercised by the M inister.

Scope of

.- ])

Subject to subsection 2). the Authority may, ifit

invcs( ga-

onsiders necessary or desirable, conduct all

nto any or

tionsby

ll of the following matters:

ih e

Authority

a) the registration of contractors, suppliers or consultants

in relation to the specific procurement:

b)

tender procedures relating to contracts awarded by the

public bodies;

c)

the award of any public contract;

d)

the implementation of the terms of any public contract;

(e )

the circumstances of the grant, issue, use, suspension or

revocation of any prescribed license;

I)

he practice and procedures relating to the grant, issue,

suspension or revocation olany prescribed l icense.



Public Procuremen

2) The Authority shall, with a prior written direction of the

Payma ster General, investigate-

a)

any public contract or any matters concerning any

contract entered into for the

Purposes

of defence or for

the supply of equipment to the security forces;

(b )

the grant or issue of any prescribed licence For the

purposes of defence or for the supply of equipment to

the security forces and any report or comment thereon

shall be nade to the Pay -Master Gen eral or the Minister

or to both.

Initiation

. All investigation carried out pursuant to section 8 may be

of investi

ndertaken by the Authority on its own initiative or as a result of

gation

epresentations made to it, if ill its opinion, such investigation is

warranted.

Procedure

0. The Authority may adopt whatever procedure it considers

in respect

ppropriate to the circumstances of a particular case and, subject to

of

the provisions of this Act, may obtain information from a person or

invest iga

persons and in a m zinner and make enquiries as it thinks fit.

vdence

1.- I) Subject to the provisions of subsection

3)

and

section 12 l), the Authority may at any time require any officer or

member of a public body or any other person who, in its opinion, is

able to give any assistance in relation to the investigation of any

matter pursuant to this Act, to furnish information and produce any

document u nder his control.

2) The Authority may summon before it-

a)

any person w ho has m ade representations to it; or

b)

any officer, member or employee of a public body, or

any other person who, in the opinion of the Authority, is

capable to furnish information relating to the

investigation.

3) No person shall, for the purposes of an investigation, be

compelled to give an evidence or produce any docunlent or thing,

which he may not be compelled to give or produce in proceedings in

any court of law.

Restriction 141) Where the Pay-Master General is acting on his own

nitiative or at the direction of the Minister -



ublic rocurement

disclosure

a)

ives notice that the disclosure by the Authority or its

oeen n

employees offiny document or information specified in

the notice, or any class of document or information so

specified, shall:

i). involve the discpsure of the deliberations or

decision of the Government or the Cabinet, or

any committee thcreof, relating to matters of a

secret or copfideptial nature and is likely to be

injurious to the public interest;

Uprejudice the relations of the United Republic

with the government of any oilier country or

with any international organization; or

iii)

rejudice the detection of offences.

the Authority, its employees or any member of its staff shall

not communicate to any person for any purpose any

document or information specified in the notice or any

docL4n1ent or information of class so specified;

- b) ..,certifies that the giving of any information or the

answering of any question or production of any

document would prejudice the security or defense

the United Republic, the Authorit

y

or its employees or

staff shall not further require such information or

answer to be given or such document or thing to be

produced.

2) Except as provided for in subsection I), no regulation

which authorizes or requires the refusal to answer any question or the

withholding of any information, document or thing on the ground that

the answering of the question or the disclosure of the information,

document or thing may be injurious to the public interest, shall apply

in respect of any investigation by or proceedings before the Authority

or its staff

Procedure

3.- 1)

The Authorit

y

shall alter conducting investigation

ailer

nder this Act, in writing inform the relevant competent authority or

investip-

ton

he accounting officer of the public body concerned of the result of

that investigation and make recommendations as it considers

necessary in respect of the matter on which investigation was

conducted.



ublic rocurement

(2) The Chief Executive Officer of the Authority may,

where report of the Authority reflects adversely upon any person, so

far as practicable, inforni that pe?on o f the substance of the repo rt.

Disciplinar

4.- 1)

The Authority shall, where during the course of its

a li n

nvestigation or on the conclusion thereof, it finds the evidence of

ag ii si

reach of duty, misconduct 6r criminal offence on the part of an

public

officers

fficer or member of a public body, refer the mailer to the competent

authority

(2) The Authority shall refer the matter to the person or

persons competent to take disciplinary or any other appropriate

proceedings against the officer or member and submit a special

report to the Minister.

Proceeclin

5. The proceedihgs of the Authority or its committees shall

gs 1 the

ot be rendered void for want of form.

Authorily_

Powers

16.- 1)

The Authority shall, in the exercise of its regulatory

of the

unctions, havepowersto -

Authority

a) require any information document record and report in

respect of any aspect of the public procurement process

where a breach, wrongdoing, niismhgement or

collusion has been alleged, reported or proven against

any procuring entity, supplier, contractor or tonsultant;

b)

summon witnesses, call for the production of books of

accounts, plans, documents and examine w itnesses and

parties concerned on oath;

c) commission or undertake investigations and institute

procurement, contract and performance audits;

d)

cause to be inspected any procurement transaction to

ensure compliance with tender award by a procuring

entity:

e)

act upon complaints by procuring entities, tenderers or

1 )

20



ublic rocurement

g) request any professional or technical assistance from

any appropriate body or person in Tanzania or

elsewhere.

2) The Authority,may-

a) require the chairman

,

, ofa tender board or accounting

officer of pulic body:

i to furrij

s

i any_information or produce any

record or any document relating to a contract;

and

ii

to answer all relevant questions;

b) examine such records or oilier documents and take

copies or extracts therefrom.

Canceila-

7.- ])

Notwithstanding anything to the contrary provided

lion of

or in any,. other written law, the Authority shall, after reviewing a

procure-

inent

omplaint Or conducting an investigation is reasonably satisfied that

procee-

here is a breach of this Act, the Regulations or any guideline -

dings

a direct the

int.

o take such actions as re

ecessary to rectify the contravention; or

b

terminate the procurement proceedings.

2

The Authority may, before making a decision under

usection I) b), give the procuring entity and any other person

whom it believes that his legal rights may be adversely affected by the

decision an opportunity to make representations.

3

The Authority shall incur no liability towards the

procuring entity or any other person or body interested in the lender

under review or investigation by virtue

o

invoking its powers under

this section.

Action on

8- l)

The Authority may, where there is persistent or

serious breach

o

this Act or regulations or guidelines made under this

ndation of

Act, recommend to the competent authority. -

the

uhority

a) the suspension of funds disbursements to any

procurement financed by specific public finances

where a breach has been established, to entities, not

of

Government or require the refund

of

the lost funds

by such entities;

21



ublic rocurement

b the replacement of the head of a Procurement

Management Unit, the Chairman, or any member of a

tender hoard, as the case may he;

c thedisciplining of the accounting officer, chairman or

a member of the tender board the head of

procurement management unit a member of

evaluation committee or any other officer concerned

with the procurement process in issue; and

d the temporarily transfer of the procurement functions

of a procuring entity to a third party procurement

agent.

2

The competent authority shall respond in writing to the

Authority s recommendations oil actions taken within fourteen

days from the date of receipt of such recommendations.

3

Where the competent authority rejects or fails to

implement the Authority s recommendations under subsection (I)

without giving satisfactory explanation, the Authority may-

(a)

equest the competent authority for any other

apprdpriate action which may be taken within the

circuibstances; or

(h) communicate its recommendations and all related

supporting documents or evidence to the relevant law

enforcement and oversight agencies for their action.

4

The competent authority shall respond in-writing to the

Authority s recommendation oil precise action taken pursuant to

subsection (3)(a) within seven days from the date of receipt of such

request or give explanation if no action is deemed necessary.

5

The Authority shall, in its Annual Performance

Evaluation Report include-

(a)

ts audited findings and complaints investigated:

(b)

ts recommended corrective measures in each case;

(c)

he response and actions taken by:

i

respective competent authority: and

ii

relevant law enforcement and oversight

agencies;

(d)

ny remedial measures taken.



ublic rocurement

Establish

9.- ])

There is established a Board to be known as the

ment and

oard of Directors of the Public Procurement Regulatory Authority.

Cp

2) The Board shall be the governing body of the Authority.

Board of

3) The Chairman and members of the Board shall be

Directors

ppointed from amongst persons of good standing and recognized for

their high levels of professional, com petence an d integrity.

4) The First Schedule toAhis Act shall have effect regarding

the composition, appointment and procedu res of the Boa rd.

Corumi

ttccs of

the Board

of

Directors

Appoint

inent of

Chief

Executive

Officer

20.- 1)

The Board may establish such committees that may

be necessary for the better carrying out of the functions of the

Autho rity, but, in any case the com mittees shall not exceed five.

2) The Board shall determine the terms of reference of the

committees, their composition and their terms and conditions of

service.

21.- 1) There shall be a Chief Executive Officer of the

Authority who shall be appointed by1lie President on such terms and

conditions as officer the President determines on contract of four

years subject to renewal for only one further term.

2)

The Chief Executive Officer shall be appointed from

among the registered professionals who has at least ten years of

experience in either engineering, architecture, law, materials

management, quantity surveying, business administration, economic

development planning or in any related fields and who have had

substantial academic qualifications and experience in such fields

including proven record of procureme nt experience.

3) Subject to the general supervision and direction of the

Board, the Chief Executive Officer shall be responsible for the-

a) management and operations of the Authority ;

b)

management of the funds, property and business of the

Authority;

c) administration, organization and control of the officers

and staff of the Authority; and

d)

promotion of training and disciplining of the officers

and staff of the Authority in accordance with their terms

and conditions of appointment.

23



ublic rocurement

4) The Chief Executive Officer shall be the accounting

officer of the Authority and he is prohibited from engaging in any

business, profeion, occupation or paid employment elsewhere.

Directo rs .

2.- 1) The Authority shall employ Directors who shall be

consu l t

l n d

rincipal, assistants to tile Chief Executive Officer, oilier officers and

ndotr

taff of such number and titles as may be necessary for the efficient

staf f of the

Autho r i t y

iharge

of tile functions of the Authority oil

erms and

c o n d it io n s a s m a y b e d e t e r m in e d by t h e B o a r d.

2). The Authority may appoint consultants and experts of

the Authority in various disciplines on sLich terms and conditions as

the Authority may from time to time decide or determine.

3)

The Authority shall establish a competitive selection

procedure for the appointment of all employees, consLiltants and

e x p e r t s .

4)

. The Authority shall, comply with the competitive

selection procedure established Linder subsection 3), whenever

it

appoints employges. consultants Or experts unless, because of the

urgency of th,appointment or other special circumstances, the

p r o c e d u r e i s n o t r e a s o n a b ly p r a c t ic a l i n a n y p a r ti c u l a r c a s e .

5)

A person who was the chairman or a member of the

Board, the Chief Executive Officer or

l

f the Authority

shall not, during a period of eighteen months afterthe expiration or

termination of the term of office with the Authority-

a )

enter into any contract of employment or supply of

services to ny person or org niz tion who w s subject

of a contract with the Authority at the time when such

person was the member, Chairman, Chief Executive

Officer or employee of the Authority;

b)

acquire or hold any financial interest, whether as an

employee, partner, shareholder, officer or joint venture,

in any business or organization supplying services to

any person or organization who was subject of a

contract with the Authority at lie time when such

person was the member, Chairman, Chief Executive

Officer or employee of the Authority.

u n d s

3.- l) The funds of the Authority shall consist of-

of

t h e

a) money appropriated by Parliament;

Autho r i t y

24



ublic rocurement

b)

loans or grants;

c)

revenues collected from goods or services that are

rendered b

y

the Authorily;

d)

any other money received, or made available to the

Authority for the purposes of its functions;

(2) The Authority may charge and collect fees on documents.

(3) There shall be paid front

unds of the Authority -

a)

the salaries, allowances and loans

of

the staff of the

Authority;

b)

reasonable travelling, transport and subsistence

allowance for members or members of any committee

of the Authority when engaged oil business of the

Authority, at such rates as the Minister may determine;

and

c)

an y

other expenses incurred by the Authority in the

performance of

its functions.

(4) file Authority may invest in such manner as it thinks fit

such

o

ts funds as it does not immediately require for the

performance of its functions.

(5) The Authority shall open and maintain bank accounts in

banks approved by the Board.

Books oF

4.- 1)

The Authority shall maintain proper books

of

accounts accounts and other records relating to its accounts and prepare an

annual statement of accounts including the income and expenditure

account and the balance sheet.

(2) The books of accounts and other records shall be open

for inspection by the Minister or any person dill) authorized by him in

that behalf.

Audit of

5.-(l) The accounts of the Authority shall be audited by the

o u n ts

ontroller and Auditor-General.

(2) The Controller and Auditor-General and or other person

appointed by him iii connection with the auditing of the accounts

of

the Authority under this Act shall have the same rights, privileges and

authorities in connection with such audit as the rights, privileges and

authorities the Controller and Auditor-General has in connection with

the audit ing of Governm ent accounts.



Public Procurcnwn

(3) The auditor to the Authority shall, for the performance of'

his duties under subsection (i), have access to all books of accounts,

records, returns, reports and other documents relating to the Authority

accounts at all reasonable times.

(4) The auditor to the Authority shall, in respect of each

financial year, certify whether or not-

a)

he has received all the explanations and other

information necessary for the performance of his duties;

b)

the ac'ëounts of the Authorit

y

have been properly kept:

and

according to the explanations and other information received,

and the books of account, records, returns, reports and oilier

documents relating to the Authority accounts produced to

Ii mi, the accounts of the Authority reflect a true and accurate

inancial position of the Authority.

(5) The accounts of the Authority as certified by the

Controller and Auditor-General or any other person appointed by him

on his behalf together with the audit report shall be forwarded

annually to the Board and the Minister.

(6) The Minister shall cause the accounts and the audit

report received under subsection (5) to be laid. before Parliament as

soon as they are received, before Parliament.

Annual

6.-(

I) The Chief Executive Officer shall not, later than three

Manage-

onths before the end of each financial year, prepare and submit to

men Plan

and budget

the Board an Annual Management Plan which include a budget for its

approval for the next financial year.

2)

The Chief Executive Officer may at any time before the

end of a financial year prepare and submit to the Board for approval

any est iniates supplementary to the budget of the current financial

year.

3)

No expenditure shall be made out of the funds of the

Authority unless that expenditure is part of the expenditure approved

by the Board under the estimates for the fiscal year in which the

expenditure is to be incurred, or in the supplementary budget for that

year.

Annual

7.- 1)

The Authority shall, within three months after the end

R e p o r t

f each financial year. submit to-



ublic rocurement

a)

the Minister, an Annual Performance Evaluation Report

in respect of that yea r s activities consisting of-

(i)

inancial statements and the Annual Management

Plan;

ii)

ll

f the operations of the Authority

and the procuring entities;

(iii)

udited findings, complaints investigated and

corrective actions taken;

iv) any other information the Board may direct; and

(b )

the Controller and Auditor-General the accoLints of

the Authority for the financial year and the Annual

Pe rformance E valuation Report.

(2 )

The Minister shall lay before the National Assembly the

Annual Performance Evaluation Report within two months from the

date of his receiving the report, or at the next sitting of Parliament,

whichever event com es first.

(3 )

The Controller and Auditor General shall submit the

Audited Report to Parliament within four months front date of

receiving the accounts.

Internal

8. The Head of Internal Audit shall be responsible for the

Audits and

internal auditing of the Authority s operations and shall submit to the

Periodic

Audit Committee with a copy to the Chief Executive Officer,

Audit

Reports

uarterly report in respect of every three months of a financial year.

PART Ill

TENDER BOARDS

Tender

9.- 1)

Except where it is provided otherwise in this Act, or

oards

regulations under this Act, each public body shall establish a tender

board for procurement of goods, services, works and disposal of

public asset by tender.

(2) The composition of tender board, the method of

appointment of members, and the procedures to be followed by such

tender boards other than local government authority tender Board,

shall be as prescribed in the Second S chedule to this Act.

27



ublic rocurement

C a p . 2 9

3)

The composition of local government authority tender

board and the method of appointment of the members, and the

procedures to be followed by such a tender board, shall he prescribed

in Regulations made pursuant to the provisions of the Local

Government Finances Act.,

of

4)

Members the tender board shall be appointed with

regard to their technical 4bnipetence and skills required for the

discharge of the functions of the tender board.

5)

A meiflber of the tender board

or a committee thereof

who js a member of a company, firm or other body or, is a partner or

is nn the employment of a person or a company or other body or is

married to a person who has submitted an offer for the supply of

goods or for the provision of services in connection therewith which

is the subject of consideration by the tender board, shall disclose the

fact and shall not take part in the consideration or discussion of or

vote on any question relating to such offer.

30.-(1) The accounting officer shall inform the Authority of

the composition of ihe tender board and the qualifications of its

members not latef

°han fourteen days froni the date of its

appointment.

nt.

(2) Where the organisational structure of a particular

procuring entity is too small to be able to constitute *

tcnder board.

the Authority shall prescribe the procedure to be followdd.

31. The functions of the tender board shall be

a)

to deliberate on the recommendations of the

Procurement Management Unit and advise on award of

contracts;

b)

to review all applicatiohs for variations, addenda or

amendm ents to ongoing contracts;

c)

to approve tendering and contract documents;

d)

to approve procurement and disposal by tender

procedures;

e)

to ensure that best practices in relation to procurement

and disposal by tender are strictly adhered by procuring

entities:

(t to ensure compliance with this Act; and

(g) to liase directly with the Authority on matters within its

jurisdiction.

Notifica-

tion to the

Authority

of

composi-

tion

of

tender

h o a r d

- F unctions

of

tender

h o a r d s

28



ublic rocuremeni

Powers of

tender

oards rnay

boards

a)

(1)

c)

In the exercise of their powers under this Act, tender

request any professional or technical assistance from

any appropriate body or, person in Tanzania or

elsewhere, and

examine such records or other documents and take

copies o r extracts ti le

ifrom;and

do all such acts and things as they maybe considered

reasonable and justifiable to the attainment of their

objects.

ward of

contracts

unctions

and

powers of

accounting

officer

33.-(1) Notwithstanding any other enactment, no public body

shall -

a)

advertise, invite, solicit or call for tenders or proposals

in respect of a contract unless authorised by the

accounting officer; aid

b)

award any contract unless the n ecessary approvals have

been granted.

2)

No person or firm shall sign a contract with any hblic

body unless the aw ard has be en approved b y the accounting off icer of

he procuring entity.

3)

The accounting officer shall seek approval of the Pay-

Master General prior to awarding of a contract which exceeds the

approved budget and the Pay-Master General shall, within fourteen

working days approve the a ward or else the awa rd of contract shall be

deem ed to have been disapproved.

4)

The acceptance of a tender shall be communicated in

writing to the successful tenderer by the accounting officer.

34. I) The accounting officer of a procuring entity shall have

the overall responsibility for the execution

, of the procurem ent process

in the procuring entity, and in particular, shall be responsible for;

a)

establishing a tender boa rd in accordance w ith this Act;

b ) appo in ting the members o f the tender board specified in

the Second Schedule;

c)

causing to be established a Procurement Management

Unit staffed to an appropriate level;

29



ublic rocurement

d)

approving all procurement opportunities;

e)

appointing the evaluation committee and negotiation

team;

0

om m unicating award decisions;

g)

certifying the availability of funds to support the

procurem ent activit ies;

h)

signing contracts for the procurement activities on

behalf of the procuring entity:

i)

investigating complaints by suppliers, contractors or

consultants;

j) submitting a copy

o

complaints and reports o

the

finding to the Authority;

k) ensuring that the implementation

o he awarded

contract is in accordance with the terms and conditions

of the award; and

I) pproving procurement not included in the annual

procurem ent plan.

2) The accounting officer may, before approving a contract

award require the tender board to provide abriefing of award

recommendation of a particular tender and may require the

Chairman, any member of tender board or evaluation team and the

Procurement Management Unit or any of its staff to furnish any

informa tion or produce any record or other docum ents relating to any

tender

and to answer all relevant questions.

3) The accounting officer may request for any professional

or technical assistance from any appropriate body or person in

Tanzania or elsewhere if his entity does not have the required

technical experts.

Establish-

5.- 1)

There shall be established in every procuring entity a

nient and

rocurem ent Mana gement U nit staffed to

all

evel.

OMPOsi

2) The Procurement Management Unit shall consist of

Procure-

rocurement and other technical specialists together with the

mcnt

ecessary supporting and a dm inistrative staff.

Manage-

3) The Procurement Management Unit shall be headed by a

went Unit

person with sufficient academic qualifications and experience in

procurement functions recognised by a body responsible for the

Procurement a nd Supplies Professionals and Technicians Boa rd.

4)

The Head of the Procurement Management Unit shalt

report directly to the accounting officer of the procuring entity.

30



Public Procurement

6) The accounting officer shall ensure that the Procurement

Management Unit has a sub vote and is allocated fund in the budget

to carry out its responsibilities under this Act.

Func t i ons

6. The Procurement Management Unit shall -

c u r e

a)

anage all procurement and disposal by tender

P r o

wen t

ctivities of the procuring entity except adjudication

Manage -

n d t he a w a rd o f c o n t ra c t ;

wen t Un it

b)

up p o rt t he f u n c t i o n i n g o f t he t e nd e r b oa r d ;

c) implement the decisions ofthc tender board;

d)

liaise directly with the Authority oil

ithin its

jurisdiction;

e ) a c t a s a s e c re t a r ia t t o t he t e n d e r bo a rd :

0

lan the procurement and disposal by tender activities

of the procuring entity;

g )

recommend procurement and disposal by tender

pro cedu res ;

h)

che ck a n d p re pa r e s t a t e me n t s o f re q u i re me n t s ;

I

re pa r e t e n de ri n g d o c u me n t s ;

0

r epa re adve rt i s eme n t s o f t e n de r oppo r t u n i t i e s :

k)

re pa r e c o n t r a c t do c u me n t s :

1

s s u e appro v e d c o n t ra c t d o c u me n t s ;

ni)

maintain and archive records of the procurement and

d ispo sa l pro c es s ;

n)

a i n t a i n a l is t o r re g i s t e r o f a l l c o n t r a c t s a w a r d ed :

0)

r epa re mo n th ly repo r t s f o r the t e nde r boa rd :

p)

prepare and submit to the management meeting

quarterly reports oil implementation of the annual

p ro c u r e me n t pla n ;

q)

co-ordinate the procurement and disposal activities of

a l l t he d ep a rtmen t s o f th e p ro c u r in g e n t it y; a nd

r)

prepare other reports as may, be required from time to

t ime .

U s e r

7.- ]) The user department of a procuring entity shall

department perform the following functions-

3



ublic rocurement

a)

l iaise with and assist the Procurem ent Manag emen t Unit

throughout the procurement or disposal by tender

process to the point of contract placemen t;

b)

initiate procurement and disposal by tender

requirements and forward them to the Procurement

Management Unit;

c) prepare technical inputs to statements of requirements

and or terms of reference for procurement requirements

to the Procurement Management Unit;

d)

propose technical specifications to the Procurement

Management Unit when necessary;

e)

participate in tender evaluation;

0

certify for payments to suppliers, contractors or

consultants;

g) report any departure from the terms and conditions of

an awarded contract to the Procurement Management

Unit:

Ii) forward details of any required contract amendments to

the Procurement Management Unit for action;

i)

aintain and archive recordsof contracts management;

and

Q) prepare any reports required for submission to the

Procurement Management Unit, the tender board or the

accounting officer.

2) The user department shall prepare a work plan for

procurement based on the approved budget, which shall be subm itted

to the Procurement Management Unit not later than two months after

the commencement of the financial year for compilation of annual

procuremen t plan.

Evaluation 8.- 1) There shall be formed for each tender an evaluation

Committee committee which shall conduct the evaluation and report to the

Procurement Management Unit.t.

2)

The membership of the evaluation committee shall be

recommended by the Procurement Management Unit, in accordance

with Regulations made tinder this Act, and approved by the

accounting officer.

3)

The number of the members of the evaluation committee

shall depend on the value and complexity of the procurement as

specified in the Re gulations m ade under this Act.

32



ublic rocurement

4)

The members shall be of an appropriate level of seniority

and experience, depending on the value and complexity of the

procu?ement requirement.

5)

Members of the evaluation committee may he external

to the procuring entity, where the required skills or experience are not

available within the procuring entity Or where members are

indisposed o r have a con flict of interest.

6)

Alt members of the evaluatiOli committee shalt sign the

Code of Ethics provided under the Regulations made tinder the Act,

declaring that they do not have a conflict of interest in the

procurement requirement.rement.

7)

The meetings of the evaluation committee, the conduct

Of the evaluation and the evaluation methodologies shall be executed

in accordance with the regulations and guidelines made under this

Act.

Indepe-

9

Subfect

to the provisions of this Act, the accounting

ndence of

fficer, the tender board, the Procurement Management Unit, the user

functions

and

epartment and the Evaluation Committee shall act independently in

powers

elation to their respective functions and powers.

Delegation

0.- 1) An accounting officer may, in accordance with the.

of powers

erms and conditions specified in the regulations made tinder this Act,

by the

accounting

delegate the procurement function of the procuring entity to-

officer

a)

sub-division of that entity;

b)

another procuring entity; or

c ) a third par ty procu rement agency .

2) An accounting officer may delegate to a head of

department within the same procuring entity, his authority to procure

up to a limit not exceeding that which is specified in the regulations

and such delegation shall be made in writing in accordance with the

proce dures stipulated in the regulations.

Third

1.- 1)

Where there is lack of technical capacity and, subject

path

o guidelines of the Authority, a procuring entity may engage the

procure-

ment

gency or third party procurement services.

33



ublic rocurement

(2 )

he accountin g

officer of a procuring entity shall, in

deciding to invite third party procurement services .

(a ) ensure that funds are available to pay in full and oil

for those services;

(b )

follow the procedures laid down in the regulations.

Procure-

2.- 1)

Procurement activities of the Authority and of the

IliCflt

ppeals Authorit

y

shall be contracted our to the Agency in

procedure

ccordance with pFacedures stipulated in the Rules made tinder this

for

Authority

ct

and the

2) Without prejudice to subsection (I), procurement of minor

Appeals

alue items not exceeding the limits prescribed in the Regulations

Authority

hall be procured by the Authority or the Appeals Authority.

Disagrceni

3. Disag reements between a tender board and an accounting

u t

fficer, a tender board and a Procurement Management Unit. a

decisions

rocurement Manag ement Unit and an evaluation comm ittee or a user

department concerning any decision pertaining to the

recommendation for the award of contract, application or

interpretation of an -procurement method, process or practice, shall

be resolved in accordance with the prodè dures set out in the

reg ulations made under this Act.

Conlidenti

4.- ])

A person having an official duty or being employed in

alil

y

of

he administration of this Act or engaged as a consultant to the

documents

procuring entity

shall consider and deal with all documents and

information relating to the functions of the procuring entity as

confidential.

(2) Subject to section 8 no person in possession of or control

over any document or information relating to any business or

transaction of the procuring entity shall communicate or attempt to

communicate any information contained in such document or pass on

such documents to any person other than the Accounting officer, a

mem ber of the tender board or the Procurement Manag ement Unit.

PART IV

PUBLIC PROC UREMENT PRtNLIPI ILS

Standards

5. Procuring entities shall, in the execution of their duties.

of equity

trive to achieve the hig hest standards of equity, taking into account-

(a) equality of opportunity to all prospective suppliers.

34



ublic rocurement

contractors, asset buyer or con sultants

b)

fairness of treatiSient to all parties; and

c)

the need to obtain the best value for money iii terms of

rice, quality and. delivery having regard to set

specifications and criteria.

Duties of

6.- i)

Notwithstanding anything to the contrary contained in

procuring

ny written law, where any expenditure is to be incurred on any

entit ies

procurement of goods, works or services, it shall be the duty of-

a) the accounting officer designated as such under the

Cap.348

ublic Finance A ct,

Cap.290

b) the accounting officer designated as such under the

Local Government Finances Act; or

c). in respect of a parastatal body, the chief executive

officer of that parastatal body,

to ensure the procurement of goods, works or services is in

accordancç with the procedures prescribed under this Act or

Regulations.

2) The head of internal audit of each public body shall in his

quarterly audit report include a report on whether this Act and

Regulations made under it has been complied with and a copy of that

report shall be submitted to the Authority.

3) The auditor of every public body shall, in his annual

report, state whether subse ction I) has been comp lied with.

, 4) Subject to of subsection 5) every Accounting officer

shall be accountable for failing to comply with the provisions of

subsection I ).

5) Where an accounting officer satisfies the Authority that

he had, in accordance with the provisions of any rules or Regulations

made under this Act, delegated his functions under subsection I) to

any other person or committee, then such other person or every

member of the committee shall also be accountable for the failure to

comply with the provisions of subsection I).

35



Pub c Procurement

(6 )

Where air officer satisfies the Authority that

Ile is

j

under the provisions of any written law, subject to the control or

direction of any other person, W ard, committee or other body and that

it was such control or direction of such other person, board.

committee or other body which caused the failure to comply with the

provisions-of subsection (I). their other person or every member

of such board committee or other body shall be accountable for such

failure to comply.

(7 ) The Autkority shall, in the case of any failure to comply

with the provisions of subsection (I), take appropriate corrective or

punitive me asures as it may consider necessary.

Approval

47.- ]) A procuring entity shall prepare• its annual

of annual

rocurement plan in a rational manner and in particular shall-

(a ) avo id em erg ency p rocu rem en t whe reve r pos sib le ;

(b )

aggregate its requirements wlrever possible, both

within the procuring entity and between procuring

entities to obtain value for money and reduce

procurethent costs;

(c ) avoid litting of procurement to defeat the use of

appropriate procurement methods unless such

splitting is to enable wider participation of local

consultants, suppliers or contractors irwhich case

the Authority shall determine such air

and

(d ) integrate its procurement budget with its expenditure

programme.

(2) The annual procureme nt plan shall be approved by Heads

of Departmen ts of the procuring entity at a manage me nt mee ting.

(3 )

The procuring entit

y

shall observe the approved annual

procurement plan and any unplanned procurement shall get a prior

: written approval of the accounting officer.

Procure-

8 The procuring entity may, for the purpose of efficiency of

ment of

rocurement process and reduction of procurement transaction costs

common

used items within and across public bodies engage in closed or open framework

n d

greements in accordance with the procedures prescribed in the

s e r v i c e s

egulations w here it is de termined that:

36



ublic rocurement

a) the need for the subject matter of procurement is

expected to arise oil repeated basis during a given

period of time;

b) by virtue o€the nature of the subject matter of the

procurements the need for it may arise oil

rgent

basis during a given period of time; and o

(c)

other grounds and circumstances that justify recourse

to a framework agrrnent. procure.

Qualifica-

9.- 1)

Tenderers shall, in order to participate in procurement

tions of

roceedings, have to qualify by meeting appropriate criteria set out in

en eras

ccordance with this Act and Regu lations m ade unde r it.

2) Local tenderers wishing to participate in any

procurement proceeding shall satisfy all relevant requirements for

registration with appropriate professional statutory bodies in

Tanzania.

, 3.

oreign tenderers wishing to participate in the

proceedings are exem pted from th

requirement of subsection (2), but

where as a result of the procirêment proceedings, any foreign

tenderer is selected as having submitted the lowest evaluated

responsive tender or the best ranked proposal, such a tenderer shall

register with the appropriate professional statutory body and shall be

r quired to submit evidence of registration as an approved supplier,

contractor or consultant in Tanzan ia.

(4) Subject to sections 51 and 52 of this Act, any

qualification criteria shall be made known to, and apply equally

to all

tenderers and a procuring entity shall impose no discriminatory

criteria, requirement or procedure with respect to the qualifications of

any tenderer.

Pre-

0.- l)

A procuring entity may engage in pre-qualification

qualili-

roceedings with a view to identi1 ing tenderers either prior to

tion

nviting tenders for the procurement of goods, works or services or

clings

fter taking part in any other procureme nt proceedings.

(2) The circumstances and procedures for pre-qualification

shall be prescribed in the R egulations made under this Act.

7



ublic rocurement

s t

51 1

he procuring entity shall, where tenderers have not

qua ilica-

een pre-qualified, determine whether the tenderer whose tender or

t on

proposal has been determined to offer the lowest evaluated tender, in

the case of procureme nt or the highest evaluated tender in the case of

disposal of public assets by tender, has the legal capacity, capability

and resources to carry out effectively the contract as offered in the

tender before communicating the award decision.

2) The criteria to be met shall be set out in the tendering

docum ents and if the tenderer does not mee t any of these criteria, the

tender shall be rejected and the procuring entity shall make a similar

determination for the next lowest evaluated tenderer, in the case of

procurement or the next highest evaluated tender, in the case of

disposal of public assets by tender.

3)

fit of a foreign company, the procuring entity shall

seek the reference of legal existence of the tenderer from Tanzania

Diplomatic Mission abroad or front

ther reliable source.

4)

A procuring entity may require a tenderer which has

submitted a lowest evaluated tender in the case of procurement or

highest evaluated tender in the case of disposal by tender to

demonstrate again its qualifications before the award of contract is

confirmed.

5)

The criteria and procedures to be used in subsection 4)

shall be the same asthose used in the pre-qualification proceedings

set out in section 50 of this Act and shall be specified in the tendering

documents prepared by the procuring entity.

6)

The procuring entity shall, where tenderer with the

lowest or highest evaluated tender fails to post-qualify, reject its

tender and select the next low est or highest evaluated tender front

remaining tenders, provided that the procuring entity has a right to

reject all remaining tenders in accordance with section 57.

National

2.- I)

Tenderers are allowed to participate in procurement

pretcie-

roceedings without regard to their nationality, except where the

fl LS

procuring entity has limited participation in procurement proceedings

on the basis of nationality in accordance with this Act, the

Regulations, or any provisions of any other written law.

38



ublic rocurement

2)

The procuring entity shall, when procuring goods, works

or services by means of intonational or national tendering, or when

evaluating and comparing tenders, grant a margin of preference For

the benefit of tenders for certain-goods manufactured, mined,

extracted or grown in the United Republic, for works by Tanzania

contractors or services provided by Tanzania consultants, provided

that this is clearly stated in the tender documents subject to the

provisions prescribed in the regulations made tinder this Act.

3)

Tanzania contractors or consultants shall be eligible to be

granted a margin of preference as provided for in subsection 2) only

if they meet the following criteria -

a) for individual companies -

i)

are incorporated or registered in the United

Republic of Tanzania;

ii)

at least fifty percent of the authorised capital of

the company is owned either by the Government

• or by citizens of Tanzania;

iii)

there is no arrangement whereby any major part

of the net profits .or other tangible benefits of the

domestic company will accrue or he paid to

persons who are not citizens of Tanzania or to

companies which would not be eligible under this

section.

b)

orjoint ventures of local companies -

i)

individual member companies are incorporated

or registered in the United Republic;

ii)

at least fifty percent of the ownership of the

individual companies are held by citizens of

Tanzania;

iii)

the joint venture itself is registered in Tanzania;

iv)

do not have arrangement whereby any major

part of the net profits will accrue or be paid to

persons who are not citizens of Tanzania or to

companies which would not be eligible under

this section;

c) for partners or individual persons trading as

contractors or consultants the majority of capital

shares are held by citizens of Tan zania.

39



ublic rocurement

4) For all prQcurement under international and national

competitive tendering, incentives set out in the Regulations made

under this Act, shall be used to encourage foreign firms to team

tip

with Tanzanian tenderers in the form

o

oint venture or

subcontracting arrangements in the tender process and in the

execution

of

the contract.

Exclusive

3.- ])

Where financial resources are exclusively provided

preference

by a Tanzanian public body, each procurement

o

works, goods or

to local

persons or

ervices that has a value not exceeding a threshold specified in the

firms

egulations shall be reserved e xclusively for local persons o r firms.

2)

Where the procuring entity does not proceed with the

local person or firm set-aside under subsection I), and procures on

unrestricted basis, the procuring entity shall include in the

procurement file the reason or reasons for the unrestricted

procurement.

3)

In the case where procuring entity receives only one

acceptable offer, from a responsible local person o r firm in respon se to

procurement set-aside the procuring entity may consider to make an

award to that perso n or firm.

4)

Whe re the procuring entity receives no acceptable offers

from responsible local persons or firms, the set-aside procurement

shall be withdrawn and

i

the requirements are still valid, new offers

shall he resolicited oil

asis.

Procure-

4. Where financial resources are exclusively provided by a

ni nt from

Tanzanian public body, a procuring entity may procure from the

Agency

Agency following a procedure to be prescribed in the regulations

made un der this Act.

Language55.- ])

Pre-qualification documents and tender documents

shall be written in English and tenders shall be invited iii that

language except as provided for in subsection 2).

2) Where a procuring entity has limited participation in the

procurement to Tanzania nationals or Tanzania nationals only tender

documents may, subject to subsection I), be written in either

Kiswahili or English and tenders may be requested to tender in either

language.

40



c i

ublic rocurement

lender

6.- 1) Whe re the proc Li r ing en t ity requires tend ere rs who are

,.;securitics

ubmitting tenders to providé àny form oftenderecurity, or any form

f guarantee or bon d against satisfac tory performan c e of the c ontrac t.

such re quireme nt shal l apply equal ly to al l ten de re rs.

- (2) The Authority shall issue guidelines, to be updated from time

to t ime, on the n i in n i urn values and mod al ities for provis ion of tend er

sec uri ty and other forms of guarantee s or bonds.

•

Rejection

7.-( 1) Tender docuniedts and request for proposals may

ol lenders

rovide that proc ur ing e nt it ies re je c t all ten de rs or al l proposals..

or

proposals(2) The rejection of all tenders or all proposals undcr this

sec t ion shal l be justif ied whe re-

a)

there is lack of effective competition:

b)

tenders or proposals are not substantially responsive to

the tend er d ocum en ts or to the reque st for proposals and

te rms of re feren ce ;

c)

the economic or technical data of the project have been

altered;

d )

tenders or proposals in ôlve costs

substantially higher

than the original budget or estiniâts:

e )

exceptional circumstances render normal performance

of the c ontrac t impossible;

l

enders received contain serious irregularities resulting

in in ter fe re nc e with the normal p lay of market Force s; or

(g) funds voted or earmarked for the procurement have not

been withheld, suspended or have otherwise not been

made available.

(3) The lack of competition shall not be determined solely

on the basis of the number of tenderers or persons who made

proposals, and where all tenders or proposals are rejected, the

procuring entity shall review the causes justifying the rejection and

shal l cons ider -

a)

making revision to the conditions of contract, design

and specifications, scope of the contract, or a

combination olihese before inviting new tenders: or

b)

revising the request for proposals including the short

l is t) and the budget.

a



ublic rocurement

4)

Where the rejection of all tenders or all proposals is due

to lack of cornpetitionpwider advertising shall he considered and

where the rejection is due to most of the tenders or proposals being

non-responsive, new tenders or new proposals may be invited from

the initially pre-qualified firms, or with the prior agreement of the

appropriate tender board, from only those who submitted tenders or

proposals in the first instance.

5)

The appropriate tender board s prior approval shall be

sought before rejecting all tenders or all proposals, soliciting new

tenders or proposals or entering into negotiations with the lowest

evaluated tenderer.

Accepta-

) Subject to the provisions of section 57. the tender or

nce of

roposal that has been ascertain to be the successful tender or

tender

crary into

roposal pursua nt to the provision of this Act shall he accepted.

force of

2) The Accounting officer shall be notified by the tender

procure-

oard of the tender board s recommendation of the tender, oiler or

iuciit i

roposal and the notice of acceptance of the tender be given prom ptly

contract

o the tendererwho submitted the tender, offer or proposal to the

procuring entity,

3) The notifications referred to in subsection (2) shall be in

writing and signed by accounting officer.

4)

Wh ere a tender offer or proposal has been accepted by

the Accounting officer, the procuring entity oil behalf the

invitation for tender, offer or proposal was issued and the person

whose tender, offer or proposal has been accepted shall enter into a

formal contract for the supply of goods, provision of services or

undertaking of works.

5)

A formal contract shalt be in such form and contain such

terms, conditions and provisions as contained in the solicitation

docum ents request for proposals or tender dossiers.

6)

Any formal contract above the thresholds specified in the

Regulations arising out of the acceptance of a tender, offer or

proposal under this Act shall he ratified by the Attorney General

before being signed by the parties.

7) Contracts below the specified thresholds in the

regulations shall be ratified by legal officers employed by respective

procuring entity.

42



ublic rocurement

8)

A procurement contract shall enter into force when the

contract is signed between the tenderer and the procuring entity,

except where it is provided otherwise in the contract or solicitation

document.

9)

The procuring entity: shall within thirty days from the

date of award notify the Authority, the name of the person or body to

whom the contract is awarded, the amount of tender or proposal and

the date oil

he award was made.

Records.

9.41) A procuring entity shall maintain a record of its

intorma

rocurement proceedings iii which it is involved, including decisions

tion and

noti es

aken and the reason s for it and such record be kept for a period of not

less than five years from the d ate of com pletion of the con tract and be

made available when required to the Minister and the Controller and

Auditor-General or any other officer authorized by accounting

authority.

2)

The record referred to in subsection I) may, under

special circumstances, be kept beyond the period specified in that

subsection in the ma nner and duration prescribed in the regulations.

3)

A l ist of those subm itting tenders and the prices tende red,

as read out at the time of opening the tenders in public, may be made

available to tenderers and to the general public.

Blacklis

0.- l)

The Authority shall have power to blacklist and bar a

tins

enderer for a specified time from participating in public procurement

proceedings and notify all procuring entities oil

ctions.

2) A tenderer w ho has bee n blacklisted and barred from taking

part in public procurement by a foreign country, international

organisation or other foreign institutions shall automatically be

blacklisted and barred from participating in public procurement in the

United Republic -

a ) in the c as e o f fraud and c orr up tion, fo r s uc h p er iod as

is barred by that foreign country. international

organisation or foreign institution plus a further

period of tell

nd

b)

in the case other than fraud or corruption, for such

period as is barred by that foreign country,

international organisation or foreign institution plus a

further period of five years.

43



Public Procurc ieni

Application

of

the basic

principles

of procure-

ment and

disposal

3) A tenderer shall be debarred and blacklisted from

participating in publijrocurement or disposal proceedings if-

a)

ffaüd or corrupt practices is established against the

tenderer in accordance with the

provisions of this Act;

b)

the tenderer fails to abide with

bid securing

declaration;

c)

the tenderer he breaches a procurement contract;

Id)

Wë, tenderer he makes fals representation about his

qualifications during tender proce eding.

(4)

The Authority may debar and blacklist a tenderer from

participating in public procurement on oilier grounds as may be

deemed necessary by the Authority.

5)

Subject to subsections 3) and 4), the procedure for

debarment shall be stipulated in the Regulations.

6)

A tenderer blacklisted pursuant to this section may

appeal against the decision to the Appeals Authority within twenty

one days from the date of the decision

7)

The Authority shall keep and maintain a register of all

blacklisted firms in accordance with this Act.

8)

A

tenderer blacklisted under subsections 2) and 3) shall

not be permitted to start a new supplies, contracting or consulting firpi

during that period.

9)

Procuring entities shall not procure from, contract with or

engage a tenderer who has been blacklisted and barred from

participating in public procurement proceedings pursuant to this

section.

PART V

METHODS OF PRO UREIMENF

61.- ])

All public procurement and disposal by tender shall

be conducted in accordance with the basic principles set out in this

Act.

2) Subject to this Act all procurement and disposal shall be

conducted in a manner that maximizes competition and achieve

econom y, efficiency, transparency an d value for mo ney.

44



ublic rocurement

3) Procurement

o comm odities such as grain and other food

stuff, animal feeds, fuel, fertilizer, the market price

o

which fluctuate

seasonally dending upon demand and supply at any particular time

shall be carried out dn a seasonal basis using methods prescribed in

the R egulations.

Selection

2.- 1)

Procuring entity engaging in the procurement

o

oimclhods

goods. works or services or disposal by thder shall apply competitive

ifiprocure-

m n

endering, using the methods prescribed in the Regulations depending

on the type and value of the proeur rneht or disposal and, in any case,

the successful tender shall be the tender evaluated to have the

capacity and capability to supply the goods, to provide the services or

to undertake the assignment or the highest evaluated offer in case of

disposal of public assets.

2) In circumstances where -

(a ) suppliers, contractors or cnsultanis have already been

pre-qualified pursuant to section 50:

(b )

there is an urgent need for the goods, works, or

sèvices such that it would be impracticable to engage

in open national or inid1iational tendering on

conipetitive selection; or

(e )

here is need to achieve certain social objectives by

calling for the participation of local communities,

the procuring entity may either restrict the issue

o tenders in

ccordance with the procedures set out in the R egulations:

rovided that-

(i)

the circumstances giving rise to the urgency

were neither foreseeable by the procuring

entity nor caused by dilatory conduct on its

part; and

(ii) the procuring entity shall include in the

records required under section 59 a statemen t

o

the grounds for its decision and the

circumstances leading to, or justiing the

restriction.



ublic rocurement

Public

3. Public bodies undertaking solicited or unsolicited public

private

rivate partnership proj is shall follow procedures set out in the

partner-

ships

egulations m ade under this Act.

arrange-

ments

Emergenc

4.- 1)

Emergency procurement may be made where the

y procure-

ccounting officer determines that it is in the public interest that

ment

oods, wo rks orserVices be procured as a m atter of urgency.

2)

or the purpose of subsection (I), emergency

procurement shall meet one of the following criteria:

a)

compelling urgency that creates threat to life, health,

welfare or safety of the public by reason of major

natural disaster, epidemic, riot, fire or such other

reasons as may be determined by the accounting

officer;

b)

emergenc y situation that generates leed

for goods, works or services that, if done through

normal procurement process. the Government or the

organisation would be injured;

c) situation whereby. without the urgent procurement.

the continued functioning of the Government or

organisation would stiffer irreparable loss, the

preservation or protection of irreplaceable public

property, or the health or safety of public will be

threatened.

(3) For the purpose of subsections (1) and (2), a procuring

entity may undertake procurement of used heavy plants or machinery

under the following circumstances:

a) the plant or machinery is required for continuation of

the provision of services or performance of works to

thepublic and the lead time for manufacturing new

plant or machinery will result into failure to provide

the relevant service or performance of the relevant

works; and

b)

the heavy plant or machinery to be procured is of the

type that its records of major m aintenance are kept and

are available for verification

(4) A procuring entity shall. before proceeding to procure

used heavy plant or machinery:

46



ublic rocurement

(a ) obtain an approval front

inistry responsible for

plants and machinery; and

(b) ensure heavy p lan t o r mach inery sought to be procu iëd

conforms with the type of items specified by the

Minister in the regulations.

4)

The procuring entit

y

shall apply the procedures stipulated

in the Regulations made tinder tl

ijs Act for any procurement

undertaken pursuant to the provisions 9f

stthsection

(I).

5)

Where the procurement meets the requirements of

subsection 1). the conditions relating to procurement limits, methods,

tender processing periods and advertisement shall be waived except

that conditions relating to tender evaluation and obtaining approval of

the tender board may not be w aived,

6)

The accounting officer of respective procuring entity

shall, within fourteen days from the date of award of contract, submit

the authorized procurement to the Pay-Master General for

retrospective approval.

7)

The authority in collaborQtion with the Government

Assets Management Department, the Technical Audit Unit of the

Ministry responsible for finance or where necessary with any other

competent body shall advise the Pa

y-Master General on the

approprjte action to take.

Compeil-

5. A procuring entity wishing to commence competitive

tn e

endering shall provide all eligible prospective tenderers with timely

dnuIn and adequate notification of the procuring entity's requirements and

an equal opportunity to tender for the required goods, works or

services.

Invitation

6,-(1) A procuring entity wishing to commence competitive

to tender

endering proceedings shall prepare a tender notice inviting tenderers

ind

advertising to submit priced offers for the supply of the goods, provision of

services or for undertaking the works required and such tender notice

be submitted within reasonable time before the planned issue of the

tender to the tender board for approval.

(2) The approved tender notice shall be advertised by the

procuring entity as set out in the Regulations made under this Act and

shall ensure widest reach of potential tenderers.

47



ublic rocurement

3)

Any tender notice shall be published in sufficient time,

as prescribed in the Regulations, to enable prospective tendcrers to

obtain tender documents atid prepare and submit their responses

before the dead line for receipt of tenders.

4)

The time specified for the opening of the tenders

submitted shall be the same as the deadline for receipt of tenders or

immediatel y

thereafter,

and be repeated, together with the place for

tender ope ning, in the invitation to tender.

5)

Subject to subsection 4) the procuring entity may prior to

the deadline for submission of tenders, modify the solicited

documeMs and extend the deadline for submission of tenders if

deemed necessary.

Issue of

7.-

I) The procuring entity shall provide tender documents

tender

mmediately after first publication of the tender notice to all suppliers

ocurnLnis

or contractors who respond to the tender notice and pay the requisite

fee, if required. for which a receipt shall be given.

2) All prospective tenderers shall be provided with the same

information, and beassured of equal opportunities to obtain additional

informatipn.

3)

Tender documents shall not include requirements and

terminologies which discriminate unfairly against participation by

tenderers.

4)

Subsection 3) may be deviated where circumstances

demand provided that, any deviation is made oil of provisions of

the Regulations made under this Act.

5)

The

scale of fees payable for collection of tender

documen ts shall he as set out in the Regulations m ade unde r this Act.

Content

3.- J ) The procuring entit

y

shall use the appropriate standard

of tender

odel tender documents specified in the Regulations for the

docunient

procuremen t in question.

2) The tender documents shall be worded so as to permit

and encourage competition and such docum ents shall set forth clearly

and precisely all the information necessary for a prospective tenderer

to prepare tender for the goods. services and works to be provided.

48



Public Procure ncnl

Validity of

9. The procuring entity shall-require tenderers to make their

tenders -

tenders and tender securities including tender securing declaration

andtiidr

alid for periods specified in the tendering documents, sufficient to

enable the procuring entity to complete the comparison and

evaluation of the tenders and for ther.appropriate tender board to

review the recommendations and give its-approval for the contract or

contracts to be aw arded w hilst the tenders are still valid.

Evaluation

0.- 1)

The basis for tender evaluation and selection of the

criteria

uccessful tenderer shall he clearly specified iii the tender docum ent.

2)

The tender documents shall specify factors, in addition to

price, which may be taken into account in evaluating a tender and

how such factors m ay he quantified or otherwise evaluated.

3)

Notwithstanding the provisions of subsection 2), where

tenders based on alternative iiaterials, alternative completion

schedules or alternative payment terms are permitted, conditions for

their acceptability and the method of the evaluation shall be expressly

stated in the tender documents.

Receipt of

1.-

The Secretary of the tender hoard that, approved the

tenders

ssue of the tender documents, shall receive tenders using procedures

setout in the regulations made under this Act.

opening

t

2) The secretary to the tender board shall, oil give

each tenderer a receipt show ing the time and the date that the tenders

were received, and any tender received after the deadline shall be

returned unopened to the tenderer.

3)

All tenders submitted before the deadline time and date

for submission shall be opened in public, iii the presence of the

tenderers or their representatives and other parties with a legitimate

interest in the tender proceedings and the tender opening shall take

place at, or immediately after the deadline time and date given in the

tender documents for the receipt of the tenders and the names of all

those present at the tender opening and the organisations they

represent shall be recorded by the Secretary of the respective tender

board.

4)

The names and addresses of each tender the total amount

of each tender or and of any alternative tenders, if they have been

requested or permitted, shall be read and recorded during the tender

opening.

49



ublic rocurement

5)

After the public opening of tenders, information relating

to examination, clarification and evaluation of tenders and the

recommendations concerning awards shall not be disclosed to

tenderers or other persons not officially concerned with the process

until the award

o

a contract is notif ied to the successful tenderer.

6)

Information referred to in subsection 5) shall be made

available to the Authority, the Appeals Authority, accounting officer

and to the Minister when that information is so required.

Evalua-

2.- 1)

The evaluat ion com mittee shall evaluate on a com mon

lion and

asis tenders that have not been rejected in order to determine the cost

conipri-

o the procuring entity of each tender in a manner that permits a

len ers

comparison to be made between the tenders oil basis

o

the

evaluated costs, but the lowest submitted price, may not necessarily

be the ba sis for selection for awa rd o a contract.

2)

Any relevant factor or factors in addition to price to be

considered in tender evaluation and the manner in which they will be

applied for the purpose of determining the lowest evaluated tender

shall be specified in the tender documents7

3)

Any brocedure under which tenders above or below a

predetermined assessment of tender value are automatically

disqualif ied ma y not be accepted.

4)

The evaluation committee shall prepare for submission

to the Procurement Management Unit a detailed report on the

evaluation and com parison of tenders: selling out the specific reasons

oil its recommendations for lie award of each contract are

based.

Approval

3.

he tender board shall review the evaluation and

of award

ecomm endat ion made by the procurement managem ent unit and may

olcontract

either -

a)

approve the recomm endat ion and advise the account ing

officer to accept the tender and award a contract in the

form specified in the tender docume nts; or

b) refuse to authorize recommendation of any of the

tenders and refer the evaluation back to the

procurem ent mana gemen t unit with an instruction to re-

evaluate the tenders o r re-tendering or other action.

50



ublic rocurerneni

Alteration

4.-(]) A procurement contract shall not be altered or

and

amend-

mended in any

way after it has been signed by both parties unless

such alterat ion or am end me nts is-

ments

a)

o the benefit

o

hd Government or is not

disadva ntageous to the Goernrnen t; an d

b)

s approved by theaccounting officer.

2) The total o

the amended contract shall be within

percentage

o the total price o

the original contract as prescribed in

the regulations.

3)

Time extension order shall be issued only by the

accounting officer in accordance with the procedures stipulated in the

regulations.

4)

Liquidated damages shall be charged oil contractor,

supplier or service provider for undelivered goods or delayed

services or work in accordance with the procedures stipulated in the

regulations.

Selection

5.-(1)A procuring entity

commencing selection

of

roceedings for consultant services shall apply the procedures an d the

consultants

selection methods prescribed in the Réglations made under this Act.

(2) Circumstances to justify

the Procuring Entity to depart

from the use of selection methods shall be set out in the Regulations

an d the alternative approaches to be used instead.

3) The procuring entities shall use the appropriate Standard

Request for Proposals and S tanda rd Forms o Contract issued by the

Authority with minimum changes acceptable to the respective tender

board, as necessary to address specific project issues, and any such

changes shall be introduced only through contract data sheets, or

through special conditions

o contract and not by introducing changes

in the wording

o

the general conditions

o contract included in the

stand ard form.

4)

Notwithstanding the provisions

o

subsection (2) where

the Stand ard Request for Proposal and Standard Form o

Contract are

not appropriate, procuring entities shall use other contract forms

acc eptable to the Authority.



ublic rocuretneni

Negotia-

6.-(

I)Subject to the conditions stipulated in the regulations,

non and

tenderer evaluated to have the capacity and capability to supply the

award of

contracts

oods, undertake the works, providethe services or purchase the

assets sha ll be invited for negotiations by the procuring entity.

2)

Negotiations shall be on the areas stipulated in the

reguIatios dade under this Act.

3)

Whe the negotiation under ubsection (2), fail to result

in an acceptable contract, the procuring entity shall terminate the

negotiations and after consultation with the appropriate tender board.

invite the next ranked firm for negotiations.

4)

After negotiations are

successfully

completed, the

procuring entity shall within the time set out in the regulations notify

other participating tenderers that they w ere unsucce ssful.

PART VI

PRoulerrioNs

Fraud and

7.- 1)

The procuring entities and tenderers under public

corruption

financed contr

wets shall proceed in a transparent and accountable

manner during the procurement and execution of such contracts.

2)

Where a procuring entity is satisfied, after appropriate

investigations, that any person or firm to which it is proposed that a

tender be awarded, has engaged in corrupt or fraudulent practices in

competing for the contract in question, it may -

a)

eject a proposal for award of such contract;

h)

eclare any person or tenderer ineligible for a period

often years to be a warded a public financed co ntract.

3)

After determination by a court of law or following a

special audit by the Controller and Auditor-General, that corrupt or

fraudulent practices were engaged in by any person or tenderer during

the procurement award of contract or the execution of that contract

the procuring entity may -

a)

cancel the portion of the funds allocated to a contract

for goods, works o r services; and

b)

declare any tender ineligible for a period often years to

be awa rded a pu blic financed contract.

52



ublic rocuremeni

4)

The procuring entity shall, within a period of fourteen

days after declaring a tender ineligible to be awarded a public

financed contract in accordance with the provisions of. this section,

submit to the Authority the name of such te9der and such information

be published and maintained in the Authority s register.

(5)

Any member of the procuring entity who engages in

corrupt or fraudulent practices during the procurement proceedings or

the execution of the public financed .contract shall beealt with in

accordance w ith the provisions

of

this Act..

(6) The procuring entity shalt, in any tender forms for public

contracts, include an undertaking of the tenderer to observe the

country s laws against fraud and corruption in competing for and

executing a contract.

Conducts

8.- 1) No person shall, with intent to gaining ail

niluen-

r concession for himself or any other person -

cing

a)

ffer any member or ail

f a member of a

officeis

ender board or its committee or any employee or an

associate of ail of a tender board or its

committee or an

y

consultant or an associate of any

consultant or a person or an associate of any persOn

providing services, a gift of money or other valuable

thing; or

-(b) pproach any member or any associate of a member

of a tender board or its committee or any of its officer

or ail of such officer with respect to any

matter that is before that lender board or committee

or that is expected to come before a tender board or a

committee.

(2) o procuring entity, any public officer or other

Government authority shall accept a gratuity in any form, any offer of

employment, service, value any other thing, as ail with

respect to an act or decision of or procedure followed by the

procuring entity in connection with any procurement proceedings or

tender and a procuring entity shall promptly reject a tender of any

tenderer who gives, agrees to give or offers, directly or indirectly, any

such inducement.

53



ublic rocurement

F

Disclosure

of payment

made by

way of

comini-

ssion, etc.

Caps. 399

and 329

3)

A procuring entity

shall not procure from a member o

its staff or a person who has direct influence oil decision

o

procuring entity acting in a private capacity either alone or as a

partner in a partnership or as

al l

f a company.

4)

A procuring entity shall not include in a tender document

any condition or specification which is likely to favour a tenderer

5)

A member of staff o a procuring entity or a person with

direct influence on the decisions o

a procuring entity shall declare an

interest that he may have in any tenderer and the tenderer whom

against the interest has been declared shall be barred from

participating in such procurem ent.

6) Any tender proved to have been awarded on the basis

o

inducem ent as provided in the preceding subsections shall be revoked

forthwith and the same be reported to the Prevention and Combating

of Corruption Bureau and to the relevant professional body for ethical

proceedings.

7)

A tenderer whose tender or proposal has been rejected or

revoked oil ground of inducement and corrupt practices shall not

be able to qualify or pre-qualify in any procurement proceedings

during the tell following the date of the notice

o such rejection

or revocation,

8)

Any rejection or revocation oil grounds

o

inducement

or corrupt practices shall be notified to the Chief Executive Officer of

the Authority who shall in turn review the grounds for rejection or

revocation and notify all procuring entities and approving authorities

on the purposes of effecting the provisions of subsection 7).

9) A tenderer blacklisted under this Act shall not be

permitted to start a new supplies contracting or consulting firm

during that period.

10)

A tenderer blacklisted pursuant to this Act may within

twenty one days after the date the decision was made appeal against

the decision to the Appeals Authority.

79.- ])A tenderer in relation to the public contract shall.

within thirty days after the execution o the contract. furnish a

statement in writing to the Prevention and Combating of Corruption

Bureau established by the Prevention and Combating of Corruption

Act and the Tanzania Revenue Authority established by the Tanzania

Revenue Authority Act-

54



ublic rocurement

Cap2 2

a)

stating particulars of any consideration given or to be

iven to any person or organization for the purpose of

or as a comm ission for obtaining the contract; and

b)

giving the names of thc persons to whom and the

rganization to which any such consideration was or

istobcgiven.

(2) Where there is no consideration to be given to any

person or organization a statement fuhiished pursuant to subsection

1 ) shall so state;

(3) Where in relation to a public contract, a body corporate

is a contractor, then -

a)

if the consideration for the contract exceeds in value

or total, two percent of the contract value, the

statement furnished pursuant to subsection 1)-

(i)

hall be signed by the Chief Executive of the

body corporate; and

i) if the contractor is a subsidiary of another

body corporate, shall be-signed by the Chief

Executive of

theifother

body corporate; and

b) -in any case other than That which is referred to in

paragraph (a), the statement so furnished shall be

signed by an officer of the body corporate deputed by

the body corporate to do so.

(4) The provisions of the Companies Act in relation to the

determination of whether a body corporate is the subsidiary of any

other body corporate shall apply.

Conduct

0.-(1)

of

orporate-

düectors

n

a)

servas Or

agents

(b)

Any conduct engaged in or on behalf of a body

by a director, servant or agent of the body corporate

within the scope of the actual or apparent authority;

or

by any other person at the director or with the consent

or agreement (whether express or implied) of a

director, servant or agent of the body corporate,

whether giving of the direction consent or agreement

is within the scope of the actual or apparent authority

of the director, servant or agent,

55



ublic rocurement

I n S t i t it t io a

ol c r inh ina

p r o c e e

d ings

C a p . 16

a n d

C a p 3 2 9

s h a l l h e d e em e d , fo r th e p u r p o s e s o f th i s A c t , to h a v e b ee n e n g a g e d i n

b y th e b o d y c o r p o r a te .

2) Any conduct engaged in or on behalf of a person other

th a n a b o d y c o r p o r a te -

a)

by a servant or agent of the person within the scope

o f a c tu a l o r a p p a r e n t a u th o r i ty o f th e s e r va n t o r a g e n t;

or

b)

by any other person at the direction or with the

consent or agreement whether express or implied) of

a s e r v a n t o r a g e n t o f th e f ir s t m e n ti o n e d p e r s o n , w h e n

the giving of the direction, consent or agreement is

within the scope of the actual or apparent authority of

th e s e r v a n t o r a g e n t ,

sh a l l b e d e eme d , fo r t h e p u rp o se s o f th i s Ac t , to h a ve be en e n g a g e d i n

by t h e f i r s t -men t io n ed per s o n .

81. The measures provided by this Act shall not preclude the

institution of crimi

n

a l p r o c e ed i n g s p u r s u a n t to t h e p r o v is i o n s o f P en a l

Code, the Prevention and Combating of Corruption Act, or any other

written law against any person discharging functions or exercising

p o w e rs u n d e r th i s A c t o r r e g u l a t io n s m a d e u n d e r th i s A c t .

PART VII

Distrrrs SErrLE4ENr

Esmhl ish-

2.- 1) There is established an independent authority to be

m n l o l

nown as the Public Procurement Appeals Authority.

t h e

Appeals

2) The Appeals Authority shall have original jurisdiction to

Authority

ear and determine complaints against procuring entities where a

proeurenient or disposal of contract is already in force and appeals

arising from administrative decisions made by the Authority.

Establ ish-

3.- I) There shall be established a Board of the Appeals

meat of

u th o r i ty to b e kn o w n a s th e P u bl ic P r o c u r e m en t A p p e a l s B o a r d .

h

A p p e a l s

2 )

he Appeals Board established under sub-section 1)

Board shall be the governing body of the Appeals Authority vested with

mandate and powers to hear and determine appeals and other matter

or complaints under this Act



ublic rocurement

(3) The Appeals Board shall consist of:

(a) a Chairmaff wh6 shall be appointed by the President

of the United Republic from amongst the retired

Judges or persons qualified to be appointed as a

Judge; and

(b )

six other

members

to be appointed by the Minister as

follows:

L.

(i)

eall qualified person nominated

by the Attorney General; and

ii)

ive other members at least two of

them drawn

rom the private sector with

professional

nowledge and experience in

public procurement, construction industry,

- business, administration,-finance or law from

among institutions having no direct vested

interest in pu blic procurement.

(4) The Executive Secretary oral

f Appeals

Authority authorized by the Exeóbtive Secretary shall be the

Secretary to the Appeals Board when hearing- of a review or an

appeal.

(5) The Third Schedule to this Act shall have effect as to

the tenure of office of members and procedures of the Appeals

Board.

(6) The ordinary meetings of the Appeals Board shall be

convened four times in a year.

(7) Notwiths tanding subsec tion (6)

the Appeals Board may

hold

all

eeting where the need to d o so arise.

(8)

The Appeals Board shall make its own procedure for

conduct of ordinary and extraordinary meetings.

Employees

4.-fl

There shall be the Executive Secretary of the Appeals

of the

uthority who shall be appointed by the President from amongst

Appeals

Authority

erson with knowledge and experience in procurement matters and

rocedures.

(2 )

The Executive Secretary appointed under subsection I)

shall be the Chief Executive Officer of the Appeals Authority and

shall perform the day to day functions of the Au thority.

(3 ) The Executive Secretary shall hold office for a period of

four years and may, subject to his satisfactory performance be

eligible for reappointment for one more term of four years.

57



ublic rocurement

4) The Appeals Authority shall recruit such number of

emp loyees and staff of the..Appeals Authority in such categories as it

may deem necessary for the effective discharge of its functions.

Funds of

5.- 1)

The funds of Appeals Authority shall consist of-

t

a)

onies appropriated by Parliament:

Appeals

Authority

Luj

oan, and grants,

c)

evenues collected from servic6 rendered; and

d) ny other m onies received or mad e available to it for

purposes of its functions

2) There shall be paid from the funds of the Appeals

Authority-

a) the salaries and a llowances of its staff,

b)

such other allowances necessary to pay its mem bers and

staff orother persons engaged in business of the Appeals

Authority as the Minister may determine; and

e) any other expenses incurred by it in the performance of

ts functions.

3) There shall be opened and maintained bank accounts of

the Appeals Authority in Banks approved by the Appeals Board.

Audit of

6,- 1)

The Appeals Authority shall maintain proper books of

accounts

accounts and other records relating to its financial transactions and

prepare annual statement of accounts including income and

expenditure account, and balance sheet in the form and manner

prescribed by the Accountant General.

2) The books of accounts and oilier records shall be open for

inspection by the Minister or any other person duly authorized by

him.

3) The accounts of the Appeals Authority shall be audited by

the Controller and Auditor—General.

Annual

7.- 1) The Executive Secretary shall, not later than three

Manage-

onths before the end of each financial year, prepare and submit to

nient plan

he Appeals Board

all

anagement plan which include a

and budget

budget for its approval for the next financial year.

2) The Executive Secretary may, at any time before the end

of a financial year, prepare and submit to the Appeals Board for

approval any estimates supplementary to the budget of he current

financial year.

58



ublic rocurement

3) No expenditure shall be made out of the funds of the

Appeals Authority unless the expenditure is part of the expenditure

approved by the Appeals Board under the estimates for the fiscal

year in which the expenditure shall be incurred, or in the

supplementary budget for that year '

Annual

8.- I)

The Appeals Authority shall. within six months after

statement

he end o f each financial year, cause to be prepared and submitted to

and report

he Minister a report dealing with itsactivities and operations, and all

complaints and appeals handled during that year.

2) A copy of the report prepared under subsection I) shall,

When submitted to the M inister, be accompanied by -

a) a copy o f the audited accounts of the App eals Authority;

b)

a copy of the auditors report on the accounts; and

c)

any other information as the Minister may direct.

2) TheMinister shall, as soon as practicable and in any case

not later than twelve months after the

close

of a financial year, lay

before the National Assembly the following documents in relation to

that financial year-

(a )

a copy of the audited statement of accounts of the

Appeals Authority;

(b )

a copy of the aud itors report; and

(c )

a copy of the report by the Appeals Authority.

Right to

9.- )

Any tenderer who claims to have suffered or that

revew

may suffer any loss or injury as a result of a breach of a duty

imposed on a procuring entity by this Act may seek a review in

accordance with sections 90,91 a nd 92.

2) The review referred to in subsection I) shall not apply

to-

a) the selection of a method of procurement or in the case

of services the choice of a selecting procedure ;

b) the limitation of procurement proceedings on the basis of

nationality in accordance with section 53 of this Act or

in accordance with the prescribed Regulations;

c)

a decision by the procuring entity to reject all tenders

pursuant to section 57 o f this Act;



Public Procurehn

d)

failure to cite this Act, Regulations made under this Act

or ny other l w rel ting to the procurement

proceedings;

e)

in the case of services, a refusal by the procuring entity

to resptnd to an expression of interest in participating in

rèquest for proposals proceedings.

(3)The Appeals Authority may extend the time limit set

tinder this sebtin where it is satisfied

t t

f ilure

by a party to lodge

h apeal oPco&plaint was occasioned by being absent from the

United Republic of Tanzania, sickhess or oilier reasonable cause,

subject to such terms and conditions as may be prescribed in the

Rules.

ettlement

0.- ))

omplaints or disputes between procuring entities

of

nd tenderers which arise in respect of procurement proceedings.

compl ints

or disputcs;

disposal of pubic assets by tender and awards of contracts and which

by

annot be resolved by mutual agreement shah be reviewed and

accounting

decided upon a written decision of the accounting officer of a

officer

rocuring enti IY and give reasons for his decision.

2)

n receiving a complaint under this section the

- accounting officer may, depending on the nature of the complaint,

constitute an independent review pane From within or outside his

organization which shall review the complaint and advise him on the

appropriate actions to be taken.

3)

Where after appropriate investigation, it is established

that, the Chairman of the tender board, any member of the tender

board, the secretary of the tender board or any other public officer of

the procuring entity has violated this Act and the regulations made

under it, the accounting officer shall take appropriate di sciplinary

actions against him.

4)

The accounting officer shall not entertain a complaint or

dispute unless it is submitted within twenty eighty days from the date

the tenderer submitting it became aware of the circumstances giving

rise to the complaint or dispute or when that tenderer should have

beeohie aware of those circumstances, whichever is earlier.

60



ublic rocurement

Admini-

strative

review by

th e

Authority

(5) The accounting officer shall not entertain a complaint or

dispute or continue to entertain a complaint or dispute after the

procurement contract has entered Bito force,

(6) The accounting officer shall, within fourteen days after

the submi.4sion of the complaint or

disAute ,

deliver a written decision

which shall:-

(a )

,stte the reaso ns for the decision; and

(b )

if the complaint or disput is uheid in whole or in part

- indicate the corrective measures to be taken.

(7 )

Where the accounting officer does not issue a decision

within the time specified in subsection 6), the tenderer submitting the

complaint or dispute to the procuring entity shall be entitled

immediately thereafter to institute proceedings under section 91 and

Upon institution of such proceedings, the competence of the

accounting officer to entertain the com plaint or dispute sh all cease.

-0

(8 )

The cision of the accounpg officer shall be final

unless the tenderer applies for administrative review to the Authority,

9-0)

A tenderer who is aggrieved by the decision of the

accounting officer may refer the matter to the Authority for review

and admhistratjve decision.

(2) Where-

(a )

the accounting officer does not make a decision within

the period specified under this Act; or

(b )

the tenderer k not satisfied with the decision of the

accounting officer,

the tenderer may make a complaint to the Authority within fourteen

working days from the date of communication of the decision by the

accounting officer.

(3) The Authority shall within thirty days after the

submission of the complaint or dispute deliver a written decision

which shall -

(a) state the reasons for the decision; and

(h) if the complaint or dispute is upheld in whole

indicate the corrective measures to be taken.

(4) The decision of the Authority shall be final

action is com me nced under section 92 of this Act.

or in part

unless an



ublic rocurement

Review by

2.- l)

Any complaint or dispute not settled by the Authority

the

hall be referred to th e.;Appéals Authority.

Appeals

Board

2) A tenderer entitled tinder this Act to seek review may

submit a complaint or dispute to the Appeals Authority if -

a )

he Authority does not make decision within a period

of thirty days provided that the complaint or dispute

is submitted within fourteen days after the period of

thirty days has elapsed;

b)

the complaint or dispute cannot be entertained under

sections 90 and 91 because of entry into force of the

procurement or disposal contract and provided that

the complaint or dispute is submitted within fourteen

days from the date when the tenderer submitting it

became aware of lie circumstances giving rise to the

complaint or dispute or the time when that tenderer

should have becom e aware of thosecircumstances;

c)

the tenderer claims to be adversely affected by a

decision of the Authority under section 91 provided

that the complaint or dispute is submitted within

fourteen days after the de livery of the decision.

3)

The Appeals Authority shall, upon receipt of complaint

or dispute, give notice of the complaint or dispute to the procuring

entity in which case the procuring entity shall be required to submit

all the relevant documentations and information pertaining to the

particular ten der.

4) The Appeals Authority may, unless it dismisses the

comp laint or dispute, issue one or more of the following reme dies-

a)

declare the legal rules or principles that govern the

subject matter:

b)

prohibit the procuring entity from acting or deciding

unlawfully or from following an unlawful procedure:

c)

require the procuring entity that has acted or proceeded

in

al

anner, or reache d an unlawful decision,

to act or to proceed in a lawful manner or to reach a

lawful decision;

d)

annul in whole or in part

all

ct or decision of

the procuring entity;

e) revise

all

ecision by the procuring entity or

substitute its own de cision for such a decision;

62



Public Procurement

(0

equire the payment of compensation for any reasonable

costs incurred by the tenderer submitting the complaint

or dispute as a result of ail

ct, decision or

procedure followed by the procuring entity :or

(g)

rder that the procurement proceedings be terminated.

(5 ) The Appeals Authdtity shall, within foully five days,

issue a written decision concernitigthe complaint or dispute stating

the reasocis fdr the decision and the remedies granted, if any.

(6 )

The decision of the Appeals Authority shall he final

unless an action is comm enced un der section 95 of this Act.

(7 )

The decision of the Appeals Authority shall be binding

to the parties oil complaint or appeal and such decision may be

enforced in any c ourt of com petent jurisdiction as if it were a decree.

Certain

3.-( 1) After the submission of a complaint or dispute tinder

rules

hi

ection 90.

91

or 92. the Accounting officer, the Authority or t

Appeals Authority, as the case may be, shall notif

y

all tenderers

to review

proccc-

articipating in the procurement or disposal proceedings to which the

thugs

omplaint or dispute relates, of the submission of the complaint or

dispuh and of its substance.

(2) Any tenderer or any public body whose interest is or may

be affected by the rev iew proceedings, shall hav e a right to participate

in the rev iew proceedings a nd a tenderer who fails to participate in the

review proceedings shall be barred from subsequently making the

same claim.

(3) The decision of the accounting officer, the Authority or

the Appeals Authority shall be furnished within seven days after the

delivery of the decision to the tenderer who submitted the complaint

or dispute to the procuring entity and to an)' other tenderer or

Government authority who participated in the review proceedings and

after the decision has been delivered, shall be made available for

inspection by the general public, provided no information shall be

disclosed ilits disclosure -

(a )

is contrary to law;

(b )

impedes law enforcement;

c)

is not in the public interest:

(d ) prejudices legitimate commercial interest of parties: or

c)

nhibits fair competition.

(4) The Authority may upon receipt of reports of findings

63



ublic rocurement

from the accounting officer or decision of the Appeals Authority,

recommend to the competent authority to take disciplinary measures

against the concerned person or body implicated in the report or

decision, as the case may be, in accordance with the provisions of

this Act.

S u s p e n

4.-(1) Upon receipt of complaint or dispute

the

accounting

M o n of

fficer shall suspend the procurement proceedings of the tender in

procure-

m e n t

ispute until lie delivers a written decision on the complaint.

p r o c e e d

2) The suspension referred to in subsection (1) shall not

ings apply where the procuring entit

y

certifies to the Authority that urgent

p ublic interest considerat ions require the p rocurem ent to pr oceed and

the certification shall state the grounds for the findings which shall be

conclusive with respect to all levels of review other than judicial

review.

3)

Any decision by the accounting officer under this section

and the grounds and circumstances for it shall be made part of the

record of the p rocurement p roceedings.

4)

Upon receipt of a complaint or an appeal, the Authority

or the Appeals A hority, as the case may be, shall suspend the

procurement process of the concerned procurement or where

necessary, the performance of the concerned procurement contract

p ending determination of the comp laint or an ap p eal.

Judicial

5

A tenderer or procuring entity aggrieved by the decision

Review

f the Appeals Authority may within fourteen days

of the date of

delivery of such decision apply to the High Court for judicial review.

PART VIII

GENERAL PRovisioNs

Codes of

6-- 1) Public officers and exp erts engage d to deliver sp ecific

Conduct

ervices under this Act shall subscribe to the Code of Ethical

Conduct .

(2)

ll

tenderers shall be required to sign a declaration of

compliance with those Codes of Ethical Conduct determined by the

Authority from time to time.

Protection

7. No act or thing done by any member or by any employee

from

f the Authority or Appeals Authority shall, if done or omitted bona

p e r s o n a l

MI



ublic rocurement

l iability

ide in the execution or purported execution of his duties as a member

or as air

f the Authority or Appeals Authority, subject to

any action, liability or demand of any kind.

Oflences

8.- 1) A person who-

a) knowingly gives false or misleading information or

evidence in purported compliance with a summons

issue d unde r this Ac t ;

b) without reasonable excuse fails or refuses to give

information, or produce any document, records or

reports required tinder sub section 2)

o

sec t ion 16 or

under the notice issued in accordance with subsection

3)

of sec t ion 92;

c) without reasonable excuse refuses to comply with the

summon or refuses to produce any hooks

o

accounts ,

plans or g ive e vide n ce as re quired by sec t ion 16;

d) contrary to this Act, interferes with or exerts undue

influence on any officer or employee of the Authority

or procuring entity or member of tender board in the

performance of his functions or in the exercise

o

his

he r powe r tinde r th is Ac t ;

e) delay without justifiable cause the opening or

evaluation

o

bids or the awarding of contract beyond

the presc r ibe d per iod;

1)

open any sealed bid, including such bids as may he

submitted through electronic system and any

document required to be sealed, or divulge their

contents prior to the appointed time for the public

open ing o f the b id documen ts;

g)

onnives or colludes to commit a fraudulent act or

orrupt ac t a s de f i ne d i n se c t ion 3 ; or

Ii)

ontravenes or fails to comply with provisions of this

Act

an d re gula t ion s made un der th is Act ,

commits an offence and on conviction is liable to a fine not exceeding

ten million shillings depending on the gravity of the offence or to

imprisonme n t for a t e rm n ot exce ed ing Ih ,ee ye ars or to bo th .

2)

Where a procuring entity consistently contravenes this

Act, it shall, on the direction of

the

Authority have its procurement

function transferred to the Agency until the Authority is satisfied that

t he causes o f the c on t raven t ion have be en rec t if ied .

65



ublic rocurement

eguta

9.

he Minister may make regulations and rules for the

l ions

etter carrying out of the provisions of this Act.

2) Without prejudice to the generality of subsection I) the

Minister may make regulations prescribing -

a)

procedures an d pro cesses for procurement o f co mmo n

use i tems un der framework agreemen ts;

b)

procedure for procurement of goods and services by

public bodies and third party or Agency;

c)

terms and conditions for delegation of procurement

functions of a procuring entity;

d)

procurement pro cedures un der emergency s i tuation s;

e)

procurement procedures for used heavy plants and

machinery.

0

rocedures for tender submission, opening and

evaluation awarding of tender and cancellation

of

pro curement process ;

g) procedures for investigation tinder this Act:

h)

procedure for lodging procurement complaints and

appeals;

i)

various methods

of

procurement and procurement of

commo dit ies o f season al nature;

U)

ualification

f

enderers

i rcumstances

nd

procedures for prequal i fication proces s:

k)

ees for various services rendered by the Authority ot-

Appeals Authority; and

I)

rocurement procedures of the Authorit

y and of the

Appeals Authority;

rn) procedures for handling disagreements between

procuring institutional bodies for procurement

funct i ons ;

n)

threshold for ratification by the Attorney General or a

perso n authorized by him;

o )

procedures for consideration of national preference in

tendering an d thresho lds for exclusive preferen ce;

p)

the manner and duration for keeping procurement

records by pro curing ent i ty:

q)

procedure and perio d

of

debarmen t o f a tenderer by the

Authority or procuring entity:



ublic rocurement

r)

procedures for procurement tinder the public private

partnerships agreem ents;

s) procedures for advertisement and publication of tender

notices by procuring entit ies;

t)

standards tender documents for application under this

Act;

u)

percentages for contract variation or amendments;

v)

procedures for negotiation and a ward of contract; and

w)

an

y

thing or matter which requires to be prescribed

under this Act.

udenes

100. The Authority shall issue guidelines from time to time

for the better carrying out of the objectives or any functions under this

Act.

Repeal and

01.- 1) The Public Procurement Act, 2004 is hereby

savings

epealed.

ap

2) Notwithstanding subsection I), every order, direction or

appointment which was issued, given, or made pursuant to the

provisions of the Public Procurement Act and every office created in

pursuance thereof shall remain valid until otherwise cancelled.

revoked, varied or abolished under the provisions of this Act.

3) Upon the coming into operation of this Act, save for

section 29 3) all laws, regulations or rules relating to public

procurement and disposal of public assets by tender shall cease to

have any effect, power, function, authority or duty in relation to any

matter connected with procurement of goods, service, works or

disposal of public asse ts by tender.

Transi-

02.- )

All properties, except that property as the Minister

t ional

ay determine, which immediately before the commencement of this

provisions

Act was vested in the Government for the use of lie Authority or the

Appeals Authority on the date of commencement of this Act shall

immediately vest in the Authority or the Appeals Authority subject to

all interests, l iabil i ties, charge s an d trusts affecting tha t property.

2) All legal obligations, proceedings and claims pending in

respect of the Authority or the Appeals Authority shall be continued

or enforced by or against the Authority or the Appeals Authority in

the same manner as they would have been continued or enforced if

this Act had been in force at the time wh en the caus e of action arose.

67



Public Procurement

FIRST SCHEDULE

Under section 19)

COMPOSITION. APPOINTMENT AND PROCEDURES OF THE AUTHORITY

Interpre-

. In this Schedule Appointing

Authority

means:

lation

a)

n the case of the Chairman of the Authority, the President of the

United Republic of Tanzania: and

(h)

n the case of Members of the Authorit

y , the Minister for the time

being responsible for linanee;

Composi-

.-(1) The Board of Directors shall consist of the following members -

l ion an d

a)

non-exectitive Chairman ho shall be appointed by the

appo nt

:

res ident; and

th e

01

b)

ix members at least three of whom are experts or specialists in

Author i ty

rocurement, law, management. engineering, commerce. or in

any other relevant field

who shall he appointed by the Minister.

(2) The Chief Executive Officer who shall be appointed by the President

sha l l be t he Secre ta ry to t he Board .

[entire

.-(1) The Chairman and members of the Board shall be appointed for a

of

eriod of three years and shall be eligible for re-appointment for a further period of

office

h ree yea rs .

(2) Under exeeplional circumstances, the Appointing Authority may extend

the tenure of the Board member or members for a period not exceeding six months

from the date of expin' of the initial period of appointment.

(3) The Appointing Authority may determine the appointment of the

Chairman. members and Chief executive of the Board at any time for.

a ) abuse of office

b) corruption;

c)

i n c o mp e te n c e ;

d )

any physical or mental incapacity that renders a person

incapable of performing the duties of that office;

e )

failure to attend three consecutive meetings of the Board

me et ings wit hou t reasonab le g rounds:

f) conviction ofan offence involving moral turpitude; and

g) being adjudged bankrupt by a court of law.

(4) Any member of the Board may resign upon giving one month's notice

in writing to the Appointing Authority,

(5) If any member is absent from three consecutive meetings of the Board

without providing reasonable excuse, the Board shall advise the appointing authority

to terminate the appointment of that member and appoint another member in his

place.



ublic rocurement

At tendance

. The Board may invite Government officers ui procuring entities whose

by r io

-

rocurement is under consideration or any other pci-son with a legitimate interest in

members

he procurement being reviewed to attend its meetings for the purpose of assisting the

Board, bu t such person s sha l t have no vo te .

Meetings 5.- l I An ordinary meeting of the Board shall he convened by the

Chairman, or in his absence or inability to act, the Chief Executive Officer, by a

notice specifying the date, time and place of such meeting which shall be sent to each

member at his usual place of business or residence not less than two full working

days before the date of suclt meeting and the Board shall meet at such times and such

places being not less than once in a month as the Chairman may determine.

(2) The Chairman. or in his absence or inability to act, the Chief Executive

Officer, shall convene a special meeting of the Board upon receipt of a request in

writing signed by not less than three members of the Board. save that such requests

shall not he made without lustifiable cause.

Quorum

.-(1) Half of the members of the Board shall form a quorum for a meeting

of the Board.

(2 )

I n t he ab s enc e o f th e Ch a ir ma n , th e m em b er s p r es en t a t a m ee t i ng o f t he

Board shall elect one of the members to act as Chairman for that meeting and the

member who is so elected shall be responsible for reporting the findings of such

meeting to the Chairman.

(3 )

At any meeting of the Board, a decision of the majority of the members

present shall be recorded as a decision of the Board save that a member who dissents

from that decision shall he entitled to have his dissenting decision and the reasons for

it recorded iii the nhinutcs of that meeting.

(4 ) The validity of any act or decision of the Board shall not be affected by

any vacancy among its members or by any defect in the appointment of any of them.

Minutes 7. Minutes of each meeting of the Board shall be recorded by the Secretary

in a proper form and shall be confirmed by the Board and'sighed by the Chairman

and the Secretary at the next following ordinary meeting 'of the Board and filed at the

offices of the Authority.

Notrt ica-

.

otification of decisions made by the Board and all other

tionot

ommunications sent on its behalf shall be signed by the Chief Executive Officer, or

decisions by an officer of the Secretariat of the Board who has been authorised in writing by

the Secre tar

y

to act on his behalf and the Secretiy shall communicate the decisions,

including any refusal and the grounds for the refusal, to the Accounting officer or

Chief Executive Officer within seven days from the date of the meeting when such a

d e c is i o n w a s m a d e .

Regal a-

r inn o f

proceed-

ings

Suheomn

n,it iees

9. The Board shall have power to regulate its own proceedings.

tO. The Board may establish subcommittees and appoint as members, of

such subcommittees, persons who are or are not, members of the Board for the

purposes of advising the Board on any specific matter.



ublic rocurement

F e e s a n d

t. The Minister may prescribe lees and allowances which may he payable

a l lowa-nces

o the Chairman and members of

the

A ud oritv.

SECOND SCHEDULE

(Under section 29t 2)

COMPOSITION. AI'POINTMENT AND PROCEDURES OF'l'ENDER BOARDS

Interpre-

.-(I) In this Schedule. the board means the 'fender Board ror the

union

inistry, Independent Department of Government. Region. Agency and Pau'astatal

Organisation.

Co mpo s t -

.-(1) The l3oard shall consist of—

l ion an d

a )

Chairman, who shall he one of the heads of department Or a

appoint -

erson of similar standine and who shall be appointed by the

men

ccounting officer:

(b) six members who are heads of department or persons of similar

standing within the same procuring entit y

and who shall be

appointed by the accounting officer.

(2) The Secretary of the Tender Board, shall lie the head of the

p r o c u re m e n t m a n a g e m e n t u n i t.

T e n u r e of

.-(1) The Chairman and members

o

the Board shall he appointed for a

Appo i n t -

eriod

o

three years and shall be eligible for re-appoin tnicnt for it

eriod

o

m e n t

hree yea rs .

(2) Under cxceptionhl circumstances. the accounting officer ma

y

extend the

tenure of the Board member or members for a period not exceeding three years firm

the date of expiry of the initial period of appointment.

(3) The accounting officer may terminate the appointment

o th e C h a i r m a n

a n d m e m be r s

o

the Board at any time 'or:

a )

buse

of office:

(h)

orruption:

c )

i n c o m p e t e n c e :

d )

a n y

physical or mental i ncapacitv that renders a person incapable

o

performing the duties of that office:

e )

failure to attend three consecutive meetings

o the Board meetings

w i th o u t r e a s o n a b le g r o u n d s :

(t)

onviction of an offence involving moral turpitude: and

(g)

eing adjudged bankrupt by a court

o l a w .

(4) Any member of the Board may resign upon giving one month's notice

in writing to the accounting officer as the ease may be,

(5) If any member is absent 1rorn three consecutive meetings of the Board

without providing reasonable excuse.

the

Board shall advise the accounting officer to

terminate the appointment of that member and appoint another member in his place.

70



Public Procurerneni

Attendance

. The Board may invite Government officers from within the procuring

by non-

uthority or other public authorit

y

to attend its meetings for the purpose of assisting

members

he hoard bill such person shall have no vote.

Meetings 5, Meetings of the board shall be convened by the Chairman, or in his

absence or inability to act. the Secretar

y

, by a notice specif

y

ing the date, time and

place of such mectitig which shall be sent to each member at his usual place of

business or residence not less than two full working days before the date of such

meeting and the board shall meet at such times and places. being not less titan once in

a m on th as . the Cha i rman m a y de t e rm ine .

Quorum

.-( I) l half ot the members of the board shall form a quorum for a meeting

of the board.

(2 ) In the absence of the Chairman the members present at a fleeting of the

board shall elect one of the members to act as Chairman

ot that meeting and the

member who is so elected shall be responsible for reporting the findings of such

meeting to the Chai

r n

(3 )

At any meeting of the board, a decision of the majority of the members

present and voting shall be recorded as a decision of the board, save that a member

who dissents from that decision shall be entitled to have his dissenting decision and

the reasons for it lobe recorded in the minutes of that meeting.

Minutes 7. Minutes of each meeting of the hoard shall he recorded by the Secrctarv

in a proper lorni and shall be confirmed by the hoard and signed b

y the Chairman and

the Secre ta ry

at the next following meeting of the board.

Notif ication

.

otification of decisions made b

y

the ho rd nd ll other

if decisions

ommunications sent oil

ehalf shall be signed b

y

the Secretar y

or by the

Permanen t Sec re ta r

y

or Ci

i

Execu t ive as the case ma be.

Regulation

A tender hoard shall conduct its proceedings in accordance with the

01

rescr ibed Reg ula t ions ,

proceedings

Suheomini-

0. The tender Board may establish sub-cotiimittces and appoint as

ttccs

ilctil crs. of such sub-commiuees, persons who are, or are not, members of the

tender board for the purposes of advising the board on any specific mailer.

Fees and

I. The Mnister may prescribe fees and allowances which maybe payable

allowances

o the Chaintan and members of the board,

ill



Public Procurement

1') II RI) SCHEDULE

(Lnder sectiol? 83

COMPOSITION AND PROCEDURES OF THE APPEALS BOAR )

Interpre-

. In this Schedule:

lat iOn

Appointing Authority means -

(i )

in the case of Chairman, and Executive Secretary of the Public

Piocureinent Appeals Authority

the

['resident of the United Republic of

Tanzan i a : and

(ii)

in the case of Members of the Appeals Board, the Minister for the Lime

being responsible for finance.

Tcnure

.-tI) The Chairman and members olthe Appeals Board shall he appointed for

ol ol l ice

period of three

y

ears and shall be eligible tot re-appottilnient for a timber period of

t h ree yea rs .

(2) Under exceptional cireunislances, the Appointing Authorit

y

may extend

the tenure of a member for a period not exceeding six months from the dale of expir of

the initial period of appointment.

(3) The appoinling authorit

y

may

terminate the appointment of the Chairman.

members an d Exeeu t i

y

e Sec re ta r y

at any

I

inic lbr -

(a) abuse of offlcc:

(h) cot rtiptio Ii:

(e) incompetence:

(d ) an y

phy si et it or mental

a in capacity that renders a person incapable of

performing the duties of that office:

(e )

fail tt re to attend three consecutive meetings of the Appeals Board

meetings without reasonable grounds:

(F) conviction or all offence involving moral turpitude: and

(g) being adjudged hankrttpl b

y

a court ol law.

(4) An

y

me other of the Appeals Board may resign upon giving one month's

notice in writing to the Appointing Authority.

(5) Where a member is absent from three consecutive meetings. the Appeals

Board shall advise the Appointing Authority to Iertnivate the appointment of that

member an d appo in t ano the r tnen .he r in h is p lace .

Commi-

. The Appeals Board ma y

establish not fore than three subcommittees

tees of

hose membership shall consist of not more than three persons for purpose of advising

the Board

he Appeals Board oil any specific matter.

Not ice of

.-(1) The hearing of the Appeals Board shall be convened by the Chairman

hearing

r in his absence or inability to act the Executive Secretary. by a notice speeil3ing the

7



ublic rocurement

date. time and place of such hearing which shall he sellt to each 1cm her at his usual

place of business or residence

not less than two lull worLing da

y

s heibre the

date of

such hearing.

(2 )

the Chairman or in his absence or inability In act. the Executive

Secretary shall convene a special meeting upon receipt of a request in writing signed

by not less than three members of the Appeals Board save that such requests shall not

he made without justiliable cause.

(3 )

The Appeals Board ma y act noivithstanding any vacancy in its

membership.

(4 )

No act or proceeding of the Appeals13oard shall he invalid by reason of

an y

de lèet or irregularity itl the appointment of tiny member

er or

tv reason that an'

Person who purposed bona ride to act as a meill her at the lime of tile ?et Or proceed iilu

was in fact disqualified or not entitled to act as a member.

Procee-

.-([) In resolving disputes or complaints the Appeals Board shall conduct

dings of

roceedings in accordance to the Rules made under this Act.

the

2)

here the Rules are silent ill relation to any particular practice or

Appeals

rty

rocedure the proceedings of the Appeals Board shall be conducted in accordance

W

ith

such Rules of practice and procedure as the Appeals Board may specify.

Quorum

-(I) In a any meeting of the Appeals Board, three members shall fornl a

quorum for a hearing of review or an appeal.

(2 )

In the absence of the Chairman the members present at a meeting of the

Appeal Authority shall select one of their meinberk10 act as chairman for that meeting

and the member who is selected shall he responsible for reporling the findings of such

meeting to the Chairman.

(3 )

At any hearing of the appeal or complaint, the decision of the majority ol

the members present.shall be recorded as a decision of the Appeals Board, save that a

member who dissents from that decision shall be entitled to have his deeisiotl and the

reasons thereof be recorded ill the minutes of that nleeting.

Records of

.-( I) Proceedings at the hearing by the Appeals Board shall be recorded in

Appeal

riting b

y

the members or b y

any o ther author ized person.

(2) The records of every proceedings of the Appeals Board shall be signed

b

y

the members present and the Chairman or a person presiding over.

Minutes of

. Minutes of each meeting of the Appeals Board shall be recorded by the

the

xecutive Secretary in a proper form and shall be con finned b y tile Appeals Heald and

illeetirlgs

signed by the Chairman and the Executive Secretary or by an officer of the Secretariat

who has been authorized in writing to act oil f the Executive Secretary at the

next meeling.

Notif ica-

0. Notification of decision made by the Appeals Board and all other

t iunOt

ommunications sent Oil its behalf shall be signed by the Executive Secretary or by an

decision

fficer of the secretarial who has been authorized in writing to act on behalf of the

Executive Secrclan'.

Fees and

1. the Minister nay prescribe lees and allowances which may he payable

allowances to the Chairman and Menlhers of the Appeals Board.



Public Procurement

OBJECTS AND REASONS

This Bill makes legislative proposal for repealing the Public

Procurement Act, 2004 and re-enactment of the new Public

Pfdcnrement Act, 2010. The objectives of this proposal is firstly, to

address the weaknesses experienced during the implementation of

the Public Procurement Act, 2004. Secondly, to give the Public

Pocurernent Authority and the Public Procurement Appeals

Authority more powers to discharge their respective functions under

the proposed Act. Thirdly, to improve the public procurement

system with view to increase efficiency, accountability and

discipline

This Bill is divided into Eight Parts which respectively cover

various subject matters as proposed

Part I provides for preliminary provisions which include the

short title, application of the proposed Act and the interpretation of

variods terms and phrases as used in the proposed Act

Part II proposes the establishment of the Public Procurement

Regulatory Authority and its responsibilities objectives powers and

functions together with the scope within which the Authority shall

carfy out its functions under the proposed Act. Investigations,

diciplinary actions against public officers and proceedings of the

Authority are matters covered under this Part. This Part proposes

various provisions relating to cancellation of procurement

proceedings, action on the recommendation

fJ

the Authority,

establishment and composition of the Authority Board of Directors,

committees of the Board, appointment of the Chief Executive

Officef of the Authority and financial matters of the Authority



.. RubY/c Procurement

Part III proposes the institutional set up of public bodies with

respect to procurement functions. It provides for the establishment

of a tender board for each public body composition and functions of

such tender board and procedure for notification of such lender

boards to the Authority.

This Part proposes the role, powers and

functions of the accduntihg officer regarling procurement functions

in the public body Likewise various prd\?Ions proposes the

establishment, composition, and functions of the Procurement

Management Unit 'and, evaluation committee. Other mal{es

as

proposed tinder this Part include independence of functions and

powers, delegation of powers by the accounting officer, third party

procurement, procurement procedure for authority and Public

Procurement Appeals Authority, disagreement in decision between

tender board and accounting officer and confidentiality of

documents

Part IV proposes various public procdUrnent prihciples and

provisions relating to standards of equity which tender board and

procuring entities should strive to achieve, duties of procuring

entities; approval of annual procurement plan; qualifications of

tenderers, pre-qualification proceeding and post qualification

proceedings. Other proposals under this Part, relate to national

preferences; exclusive preference to local persons or firms;

procurement from Government Procurement Services Agency,

language for tender, tender securities, rejection of tenders or

proposals; acceptance of tender and entry into force of a

procurement contract; records, information and notice' for

procurem ent proceedings and b lack listing

p

Part V proposes various provisions which cover methods of

procurement and procedures. These procedures include application

of the basic principles of procurement and disposal,'selection of

methods of procurement, public private partnerships arrangements,

emergency procurement; competitive tendering, invitation to tender



ublic rocurthuent

and advertising, issue of tender documents and content of tender

document. Further, provisions are proposed

to

cover validity of

tenders and tender security, evaluation and comparison of tender,

approval of award 'of contraet. alteration and amendments of

procurement contract, selection of consultants and negotiation and

award of contract.

art Vi proposes

various provisions prohibiting fraud,

corruption and conduct influencing public officers on procurement

matters. Other proposals under this Part relate

to the disclosure of

payment made by way of commission, conduct of directors, servants

or agents of a body corporate and institution of criminal proceedings.

Part 'VII

covers Disputes Settlement. This Part provides for

provisions relating to the establishment of the Appeals Authority,

Appeals Board, staff of the Appeal 'Authority, functions of the

Appeals Authority and financial matters of the Appeals Authority.

Other proposals related to the right to review by the Appeals Board,

settlement of complaints or disputes by accounting officer,

administrative review by the Authority, certain' rules applicable to

review proceedings, suspension of procurement proceedings and

judicial review.

Part VIII proposes general provisions relating to the codes of

conduct, offences protection from personal liability, powers of the

Minister to make regulations, powers of the Authority to issue

guidelines, repeals and saving and transitional provisions

M DHUMUNI

NA S B BU

Muswada huu unapendekeza kufutwa kwa Sheria ya lJnunuzi

wa Umma ya mwaka 2004 na kutungwa kwa Sheria inpya ya

Ununuzi wa Umma ya mwaka 2010. Madhumuni ya mapendekezo



ublic rocurement

haya ni kwanza, kurekebisha niapungufu yaliyojitokeza katika

utekelezaji wa Sheria ya Ununuzi wa Umma ya mwaka 2004 tangu

kutungwa

kwa sheria hi

o mwaka 2004. PHi, lçzipa nguvu zaidi

Mamlaka ya Udhibiti wa Ununuzi wa Umma na Mamiaka ya Rufani

za Zabuni kutekeleza majukurnu yao ya udhibilti, ;riakushughulikia

malalamiko ya zabuni kwa uhuru na ulanisi. Tarn, kqboresha

taratibu za ununuzi wa umma iii kuongeza ufanisi, nidhamu na

uwajibikaji katika sekta ya 'ununuzi wa umma'.

Muswada umegawanyika katika Sehemu lisa zinazofafanua

mambo mbalimbali yanayopendekezwa katika Sheria hii.

Sehemu ya Kwanzajnapendekeza kuweka masharti ya awali

ikiwa ni pamoja na jina Ja Sheria inayopcndckezwa, tarehe ya

kuanza kutumika, matumizi na tafsiri ya manenc) mba imbalj

yatakayotumika katika sheria inayopendekezwa.;

Sehemu ya Pill inapendekeza kuanzishwa kwa Mamlaka ya

Udhibiti wa Ununuzi wa Umma na taratibu za kufanya uchunguzi

wa zabuni zinazoit

ishwa na taasisi za ununuzi. hatua za kinidhamu

dhidi ya vatumishi 'xa umrna watakaobainika kuliusika na

ukiukwaji wa Sheila, kanuni na taratibu za ununuzi wa umma na

uwezo wa Mamlaka kusitisha nichakato wa zabuni kutokana na

ukiukwaji wa Sheria. Aidha, sehemu hii inatoa masharti ya

kuanzisha Bodi ya Wakurugenzi wa Mamlaka. uteuzi wa Afisa

Mtendaji Mkuu, ajira za watuniishi wa Mamlaka na mambo ya fedha

za Mamlaka.

Sehemu ya Tatu inapendekeza kuweka masharti ya kuanzisha

vyombo vya kushughulikia masuala ya ununuzi wa umma. Vyombo

hivyo ni bodi za zabuni, kazi na marniaka ya bodi hizo, majukumu

ya afisa masuuli, kuanzishwa kwa vitengo vya ununuzi na kazi zake

na kamati za kutathmini zabuni Mambo mengine

yanayopendekezwa yanahusu ukasimu wa madaraka ya Afisa



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Masuuli, taratibuza ununuizi, marniaka ya rufaa cia uturnaji wa

nyaraka za sin.

Sehemu

a Nne inapendekeza Misingi ya ununuzi wa umma

na iiiambo rnehine yanayoweka masharti kwa niarnlaká zenye

dh arnanaya ununuzi na bodi za zabuni kuzingatia usava, haki.

ubora wa bidhaa na hudurna katika ununuzi wa umma. Sehernu liii

pia inaclezea rnajukurnu ya taasisi ya ununuzi ikiwa ni panioja na

kuandaa rnpango wa ununuzi wa rnwaka. Aidha, seheinu hii

inapendekeza pamoja na kutoa upendeleo kwa makanipuni ya ndani,

ununuzi wa bidhaa zinazoturniwa cia taasisi nyingi chini ya Wakala

wa Serikali ya Ununuzi wa Umma na mazingira yanayoweza

kurnfiingia mzabuni kusiriki zabuni za Senikali.

Sehernu ya Tano inapendekeza masharti na vigezo v y a

kuchagua ama au njia ya ununuzi, kufanya ununuzi katika mazingira

ya dharura, utaratibu wa kutangaza zabuni, kuandaa nyaraka za

zabuni na kushindanisha wazabuni.

Sehernu ya Sita inapendekeza kuweka masharti yanayokataza

watumishi wa urnrna na wazabuni kujihusisha na vitendo vya rushwa

na udanganyifu na kuweka adhabu kwa wale watakaobainika

kujihusisha na vitendo vya rushwa ikiwerno kufungiwa kushiriki

zabuni au kufunguliwa rnashtaka yajinai.

ehemu ya aba inapendekeza kuweka masharti ya

kusuluhisha niigogoro ya zabuni. Aidha. schemu hil inapendekeza

kuanzishwa Marniaka ya Rufani za Zabuni na Bodi ya Rufani za

Zabuni, watumishi wa Marnalaka ya Rufaa, majukurnu yake na

masuala ya fedha ya Mamlaka ya Rufaa,

Sehernu ya Nane ambavo ni ya mwisho inapendekeza kuweka

masharti kuhusu maadili, kinga kwa watendali chini ya Sheria hii

pamoja na marniaka ya Wazini kutunga kanuni, adhabu kwa



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watakqobainika kukiuka sheria hii na kanuni zake na uwezo wa

Marniaka ya Udhibiti wa Ununuzi wa Umma kutoa miongozo

Dar

Cs

Salaam

LJSTAFA H MKUI 0

3 Juiü 2010

aziri ira Fec ia ;zcs Uc nu ni

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